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Full-Text Articles in Law
Two Countries In Crisis: Man Camps And The Nightmare Of Non-Indigenous Criminal Jurisdiction In The United States And Canada, Justin E. Brooks
Two Countries In Crisis: Man Camps And The Nightmare Of Non-Indigenous Criminal Jurisdiction In The United States And Canada, Justin E. Brooks
Vanderbilt Journal of Transnational Law
Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the jurisdiction to prosecute violent crimes committed by non-Indigenous offenders against Indigenous victims on Indigenous land. Extractive industries—businesses that establish natural resource extraction projects—aggravate the problem by establishing temporary housing for large numbers of non-Indigenous, primarily male workers on or around Indigenous land (“man camps”). Violent crimes against Indigenous …
Cross-Examination Of Witnesses In Chinese Criminal Courts: Theoretical Debates, Practical Barriers, And Potential Solutions, Zhiyuan Guo
Vanderbilt Journal of Transnational Law
Questioning witnesses is essential for both fact-finding and ensuring the defendant's right to confrontation in criminal trials. Part I introduces the recently released judicial interpretation on the Application of Criminal Procedure Law by China's Supreme Court as a background for discussion of this Article. In Part II, the author sets the stage by arguing that resolution of questions concerning examination and cross-examination of witnesses is essential to the effective achievement of China's trial-centered criminal procedure law reform. In Part III, a historical review is given of the academic debate on the questioning of witnesses in Chinese criminal courts. Part IV …
A False Messiah? The Icc In Israel/Palestine And The Limits Of International Criminal Justice, Jeremie Bracka
A False Messiah? The Icc In Israel/Palestine And The Limits Of International Criminal Justice, Jeremie Bracka
Vanderbilt Journal of Transnational Law
This Article challenges the International Criminal Court’s (ICC) quasi-messianic mandate in the Middle-East. It casts doubt over the legal basis and desirability of an ICC intervention in the situation of Palestine. Despite the prosecutor’s formal opening of an investigation in 2021, there exist formidable obstacles to exercising jurisdiction over Gaza and the Israeli settlements. The Office of the Prosecutor (OTP) faces an uphill battle based on complex territorial and temporal dimensions. Indeed, the admissibility hurdles at the ICC of Palestinian statehood, complementarity, gravity and the interests of justice merit close inquiry. This Article also challenges the ICC as an ideal …
Sovereign Display And Fiscal Techniques, Magnus Hornqvist
Sovereign Display And Fiscal Techniques, Magnus Hornqvist
Vanderbilt Journal of Transnational Law
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 phases of regulation in the strict sense--with respect to first tax evasion and undeclared work and then organized crime, money laundering, and terrorist financing. Unbounded reasons of state, symbolic authority, and conflicts with formidable foes are found to be expressed in the economic sphere, which …
Divided We Fall: How The International Criminal Court Can Promote Compliance With International Law By Working With Regional Courts, Tatiana E. Sainati
Divided We Fall: How The International Criminal Court Can Promote Compliance With International Law By Working With Regional Courts, Tatiana E. Sainati
Vanderbilt Journal of Transnational Law
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 bloodshed, Kenya failed to investigate, prosecute, and punish those responsible for the atrocities. The Prosecutor for the International Criminal Court (ICC) launched an investigation into the Kenyan situation, acting under his statutory authority, and eventually brought charges against six high-ranking Kenyans, including President Kenyatta. After years of investigations, the Prosecutor ultimately withdrew the case against the Kenyan President--a potentially fatal failure heralded by some as the death knell of the ICC.
During the course of …
The Faults In "Fair" Trials: An Evaluation Of Regulation 55 At The International Criminal Court, Margaux Dastugue
The Faults In "Fair" Trials: An Evaluation Of Regulation 55 At The International Criminal Court, Margaux Dastugue
Vanderbilt Journal of Transnational Law
Despite its reputation as a "provision of an exceptional nature," Regulation 55 has become one of the most contested procedural devices employed by the judges at the International Criminal Court (ICC). Hailing from civil law tradition, Regulation 55 permits the ICC to modify the charges against an accused at any time--either during or after the trial--if the judiciary decides it cannot convict the accused on the original charges. This use of Regulation 55 in three of the ICC's seven trials has demonstrated that the ICC cannot effectively safeguard a defendant's fundamental trial rights: the right to be informed of charges, …
Criminal Law Pays: Penal Law's Contribution To China's Economic Development, Margaret K. Lewis
Criminal Law Pays: Penal Law's Contribution To China's Economic Development, Margaret K. Lewis
Vanderbilt Journal of Transnational Law
China's rapid rise to become the second largest economy in the world is nothing short of extraordinary. When economic reforms took off in the late 1970s, China had been without formal criminal law for three decades. China's economic development since the launch of the reform period has occurred directly alongside the development of its criminal law, but the academic literature has failed to ask what role criminal law plays in China's impressive growth. This Article argues that not only has the People's Republic of China leadership historically used criminal law in service of economic ends but also, going forward, criminal …
Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda
Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda
Vanderbilt Journal of Transnational Law
Today I would like to introduce the idea of a new paradigm in international relations, which was introduced by the work of the drafters of the Rome Statute and the establishment of the International Criminal Court (ICC): this idea is that of law as a global tool to contribute to the world's peace and security. This idea first surfaced with the belief that the power of law has the capacity to redress the balance between the criminals who wield power and the victims who suffer at their hands. Law provides power for all regardless of their social, economic, or political …
Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres
Taking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres
Vanderbilt Journal of Transnational Law
Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention--the ultimate goal--and addressing these problems in a comprehensive and systematic manner. Instead, efforts to date have …
Criminalizing Marital Rape: A Comparison Of Judicial And Legislative Approaches, Theresa Fus
Criminalizing Marital Rape: A Comparison Of Judicial And Legislative Approaches, Theresa Fus
Vanderbilt Journal of Transnational Law
Even though many countries still permit husbands to rape their wives with little or no consequence, there is a growing trend that marital exemption is unjust and has no place in a civilized society. Recognition of the inappropriateness of marital exemption is, however, only the first step towards its elimination. To effectively equalize treatment of marital and non-marital rape, legislatures and judiciaries must take action. Several countries have already been host to the abolition of marital immunity, but their approaches may not be the most effective. This Note examines the experiences of England and Canada as examples of judicial and …
Books Received, Journal Editor
Books Received, Journal Editor
Vanderbilt Journal of Transnational Law
THE DISCONNECTED By Penn Kimball New York: Columbia University Press, 1972.Pp. 317. $2.95/Paperback
PUBLIC ADMINISTRATION (2d ed.). Edited by Robert T. Golembiewski, Frank Gibson & Goeffrey Y. Cornog, Chicago: Rand McNally & Company, 1972. Pp. xxxix, 617.$6.95/Paperback
THE AUSTRIAN-GERMAN ARBITRAL TRIBUNAL By Ignaz Seidl-Hohenveldern Syracuse:Syracuse University Press, 1972. Pp. xi, 261. $15.00.
CONSTITUTIONAL RIGHTS OF PRISONERS By John W. Palmer Cincinnati: The W.H.Anderson Company, 1973. Pp. xv, 710.
CONSTITUTIONAL RIGHTS OF THE ACCUSED: PRETRIAL RIGHTS By Joseph G. Cook Rochester: The Lawyer's Co-operative Publishing Company, 1972. Pp. ix, 572. $35.00.
CRIMINAL SENTENCES: LAW WITHOUT ORDER By Marvin E. Frankel New …
How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai
How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai
Vanderbilt Journal of Transnational Law
In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.
This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …
A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin
A Predictive Framework For The Effectiveness Of International Criminal Tribunals, James B. Griffin
Vanderbilt Journal of Transnational Law
This Note examines international criminal tribunals and analyzes the factors that can govern the level of their effectiveness. The historical background in this area is essential, for one of the main points of the Note is that international criminal tribunals cannot be detached from the political circumstances that create them and enforce their verdicts if those verdicts are to be enforceable at all.
The Note begins with an analysis of the International Military Tribunal at Nuremberg, and compares it to its contemporary counterpart, the International Military Tribunal at Tokyo. The Note then makes a similar analysis of the recent International …
Not Twice For The Same: How The Dual Sovereignty Doctrine Is Used To Circumvent "Non Bis In Idem", Dax E. Lopez
Not Twice For The Same: How The Dual Sovereignty Doctrine Is Used To Circumvent "Non Bis In Idem", Dax E. Lopez
Vanderbilt Journal of Transnational Law
Today, it is quite possible for a criminal defendant who has violated the laws of several countries with one criminal act to be subject to multiple prosecutions. In situations where two countries share concurrent criminal jurisdiction, it is unclear whether the defendant would be able to rely on some level of double jeopardy protection. International law currently does not obligate a sovereign state to recognize another state's penal judgments, thus allowing states to prosecute a defendant regardless of any legal action that may have been previously taken against the defendant. Several countries, however, have chosen to provide defendants with at …
The Reach Of Icc Jurisdiction Over Non-Signatory Nationals, Jordan J. Paust
The Reach Of Icc Jurisdiction Over Non-Signatory Nationals, Jordan J. Paust
Vanderbilt Journal of Transnational Law
A new International Criminal Court (ICC) was created on July 17, 1998 under the Rome Statute adopted by the United Nations Diplomatic Conference on Plenipotentiaries on the Establishment of an International Criminal Court. Under the Statute, the ICC will have jurisdiction over crimes of genocide, certain crimes against humanity, and certain war crimes, leaving the crime of aggression for further definition.
Nonetheless, there are certain preconditions to the exercise of such jurisdictional competence, as noted especially in Articles 12-14 of the Statute. In general, the Court can exercise jurisdiction if a "situation" or case (1) is referred to the Prosecutor …
The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet
The Age Of Criminal Responsibility In An Era Of Violence: Has Great Britain Set A New International Standard?, Stephanie J. Millet
Vanderbilt Journal of Transnational Law
With the alarming rise of juvenile crime and violence during the past decade, policymakers across the international community have struggled to develop effective juvenile criminal justice systems apart from the existing systems tailored to adults. The wide variations in methods and philosophies utilized in different states indicate that there is no consensus on the proper treatment of young offenders. Using the recent Bulger case as a focus, this Note examines two competing paradigms of juvenile justice found within the British juvenile justice system, with particular emphasis on the age of criminal responsibility. After discussing recent developments in Great Britain's juvenile …
The O.J. Inquisition: A United States Encounter With Continental Criminal Justice, Myron Moskovitz
The O.J. Inquisition: A United States Encounter With Continental Criminal Justice, Myron Moskovitz
Vanderbilt Journal of Transnational Law
October 3, 1995 marked the end of the O.J. Simpson double murder trial, which lasted 474 days and was billed "the trial of the century." After less than four hours of deliberation, the jury acquitted Mr. Simpson of all charges. The following article is a dramatization of how a case similar to the Simpson trial might be handled by a civil-law European criminal justice system.
Utilizing an unusual format, Professor Myron Moskovitz examines and illustrates the differences between the United States and civil-law European criminal justice systems. The author uses a play script inspired by the events in the trial …
The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley
The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley
Vanderbilt Journal of Transnational Law
In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
Vanderbilt Journal of Transnational Law
This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …
Nazi War Criminals In The United States: It's Never Too Late For Justice, David R. Gelfand
Nazi War Criminals In The United States: It's Never Too Late For Justice, David R. Gelfand
Vanderbilt Journal of Transnational Law
While this note focuses on Nazi war criminals living in the United States, it calls for international cooperation in prosecuting war criminals. It traces the history of post-war agreements relating to the prosecution of Nazi war criminals, and their application at the Nuremberg Trials. This note then examines how Nazi war criminals entered the United States following World War II, and how they have lived here for four decades virtually unnoticed. Additionally, this note analyzes the recent efforts of the Office of Special Investigations (OSI), a branch of the Department of Justice, to prosecute Nazi war criminals living in the …
Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher
Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher
Vanderbilt Journal of Transnational Law
This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Quaderni Di Scienze Criminali: The Penal Protection of Works of Art. Edited by the International Institute of Higher Studies in Criminal Sciences. Siracusa, Italy: The International Institute of Higher Studies in Criminal Sciences, 1983. Pp. 447.
Japanese Business Law and the Legal System. By Elliott J. Hahn. Westport, Connecticut and London, England: Quorum Books, 1984. Pp. vii, 168. $35.00.
The Exchange Rate System: Lessons of the Past and Options for the Future. Edited by Ellas H. Wright. Washington, D.C.: International Monetary Fund, 1984. Pp. vii, 55. $7.50.
The International Maritime Organization. Edited by Samie Mandrabody. London: Croom Helm Ltd., 1984. …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Emerging Financial Centers: Legal and Institutional Framework
Edited by Robert C. Effros
Washington, D.C.: International Monetary Fund, 1982. Pp. xvi, 1150. $35.00.
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The Foreign Corrupt Practices Act
By George C. Greanias and Duane Windsor
Lexington, Massachusetts: Heath and Co.,1982. Pp. ix, 187. $23.95.
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Foreign Commerce and the Antitrust Laws Vols. I-II.
By Wilbur L. Fugate
Boston and Toronto: Little, Brown and Company, 1982. Vol. I, pp. xxiv, 427; vol. II, pp. xxiv, 460. $100.00.
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The Fund Agreement in the Courts: Volume II.
By Joseph Gold
Washington, D.C.: International Monetary Fund, 1982. Pp.xii, 499. $17.50.
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International Capital …
Book Reviews, Stephan L. Honore, Dennis W. Arrow
Book Reviews, Stephan L. Honore, Dennis W. Arrow
Vanderbilt Journal of Transnational Law
Book Reviews
INTERNATIONAL ASPECTS OF CRIMINAL LAW: ENFORCING UNITED STATES LAW IN THE WORLD COMMUNITY
Edited by Richard B. Lillich
Charlottesville, Virginia: Michie, 1981. Pp. ix, 245.
Reviewed by Stephan L. Honorg
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SHIPBROKING AND CHARTERING PRACTICE
By Lars Gorton, RolfIhre, and Arne Sandevarn
London: Lloyd's of London Press,1980. Pp. xiii, 204 (authorized adapted translation of the Swedish edition of Befraktning)
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Time CHARTERS
By Michael Wilford, Terence Coghlin, and Nicholas Healy, Jr
London: Lloyd's of London Press, 1978. Pp.1vii, 319, £28.
Reviewed by Dennis W. Arrow
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Books Received
CANADIAN CRIMINAL LAW: INTERNATIONAL AND TRANSNATIONAL ASPECTS
By Sharon A. Williams and J. G. Castel
Toronto: Butterworth's, 1981. Pp. 513. $80.00.
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CASES AND MATERIALS ON SALE OF GOODS
By John Adams
London & Canberra: Croom Helm: Ltd., 1982. Pp. 174. $15.50.
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THE DEFENSE POLICIES OF NATIONS: A COMPARATIVE STUDY
Edited by Douglas J. Murray and Paul R. Viotti
Baltimore and London: The Johns Hopkins University Press, 1982. Pp. 525. $35.00 (cloth), $12.95 (paper)
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DOCUMENTS ON THE LAWS OF WAR
Edited by Adam Roberts and Richard Guelff
New York: the Clarendon Press; Oxford University Press, 1982. …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Definition of Seaman under the Jones Act Need Not be Restricted to Person Assigned to Only One Vessel
Fourth Amendment Does Not Bar Warrantless Fishing Vessel Searches Authorized by the Fishery Conservation and Management Act of 1976 to Protect Fisheries in the Conservation Zone
Properly Extradited Fugitive Not Entitled to Judicial Hearing Challenging Enlargement of Original Warrant of Surrender
Visa Numbers Wrongfully Charged Against Western Hemisphere Quotas are Reissued According to an Historical Approach Rather than Chronological Order
Payment of Irrevocable Letter of Credit May Not be Enjoined on Grounds of Instability of Foreign Governments
Expropriation of a Contractual Right …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Chile: The Balanced View
Edited by Francisco Orrego Vicuna
Santiago: The University of Chile, 1975. Pp. 298.
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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok
Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.
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Crimes against Internationally Protected Persons: Prevention and Punishment
By Louis M. Bloomfield & Gerald F. Fitzgerald.
New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.
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Criminal Justice in Eighteenth Century Mexico
By Colin M. MacLachlan
Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.
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EEC Anti-Trust Law--Principles and Practice
By D. Barounos, …
Recent Treaties, James H. Bloem
Recent Treaties, James H. Bloem
Vanderbilt Journal of Transnational Law
To obtain information on the financial dealings of organized crime in Switzerland, the United States must show both probable cause and the absence of a reasonable possibility of conviction without the information. Thus, Switzerland has preserved its prudent and traditional requirement of secrecy with respect to transactions of those who utilize its financial institutions. Because the Treaty was drafted in two different legal environments, conflicts may rise under it. The limitation on use of any disclosed information to investigations or proceedings for which the information originally was granted does not coincide with the United States rule of evidence that allows …
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
The purpose of the Case Digest is to identify and summarize for the reader those cases that have less significance than those which merit an in-depth analysis. Included in the digest are cases that apply established legal principles without necessarily introducing new ones. This initial digest includes cases reported from January through September,1971. Henceforth, the Winter issue will include cases reported from April through September, and the Spring issue will contain cases reported from October through March. The cases are grouped into topical categories, and references are given for further research. It is hoped that attorneys, judges, teachers and students …
Espionage In Transnational Law, Leslie S. Edmondson
Espionage In Transnational Law, Leslie S. Edmondson
Vanderbilt Journal of Transnational Law
Traditionally, spies have been defined as "secret agents of a State sent abroad for the purpose of obtaining clandestinely information in regard to military or political secrets." Older authorities have stated emphatically that the gravamen of espionage is the employment of disguise or false pretense. Such deception has been the justification for visiting the severest of penalties upon the captured spy. Curiously, however, the employment of spies has not been considered reprehensible conduct. The refusal to officially acknowledge the commissioning of a spy operated to relieve the government of any responsibility either to the offended state or to the secret …