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Full-Text Articles in Law
Signal And Affirm: How The United Nations Should Articulate The Right To Remedial Secession, John R. Ablan
Signal And Affirm: How The United Nations Should Articulate The Right To Remedial Secession, John R. Ablan
Vanderbilt Journal of Transnational Law
In international law, the right of peoples to self-determination as applied to remedial secession is anything but clear. The International Court of Justice had an opportunity to clarify this area of law in its recent advisory opinion concerning the unilateral declaration of independence made by Kosovo. Much to the disappointment of international commentators, the Court expressly declined to adjudicate whether Kosovo had, by its declaration, attained state status. Instead, the Court declared that international law does not prohibit unilateral declarations of independence. This Note argues that the proper method for the United Nations to articulate international law of secession is …
Lifting The Veil Of Secrecy: Judicial Review Of Administrative Detentions In The Israeli Supreme Court, Shiri Krebs
Lifting The Veil Of Secrecy: Judicial Review Of Administrative Detentions In The Israeli Supreme Court, Shiri Krebs
Vanderbilt Journal of Transnational Law
All around the world, hundreds of individuals are constantly subjected to administrative detentions designed to prevent them from committing future atrocities. Generally, the main protection against arbitrary and unjustified administrative detentions is judicial review. Nonetheless, judicial review of administrative detention proceedings suffers from inherent difficulties and is typically based on ex parte proceedings and secret evidence. In spite of these difficulties and based on a few renowned cases, it is widely accepted in the scholarly debates that the Israeli judicial review model is robust and effective. Therefore, prominent international law scholars often recommend the adoption of this model in various …
The Role Of International Law In Intrastate Natural Resource Allocation, Lillian A. Miranda
The Role Of International Law In Intrastate Natural Resource Allocation, Lillian A. Miranda
Vanderbilt Journal of Transnational Law
State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood, and cultural and economic development of historically marginalized communities. This Article fills a gap in the existing literature by identifying and analyzing emerging international law approaches that impact the intrastate allocation of land and natural resources to historically marginalized communities, and thereby, carve away at states' top-down decision-making authority over development. It argues that while international law may have only been originally concerned with the allocation of …
Enforcing The Nuclear Nonproliferation Regime: The Legality Of Preventive Measures, Cristian Defrancia
Enforcing The Nuclear Nonproliferation Regime: The Legality Of Preventive Measures, Cristian Defrancia
Vanderbilt Journal of Transnational Law
Efforts to limit the proliferation of nuclear weapons and nuclear-weapons-related technology have increasingly involved economic, technological, and military forms of coercion implemented in an environment of low-level conflict. Coercive counterproliferation measures have included a range of actions, including targeted economic sanctions, industrial sabotage, cyber attacks, targeted killings, and military strikes. While the nonproliferation obligations of states are well-established under relevant treaties, state practice, and the international monitoring system of the International Atomic Energy Agency (IAEA), norms relating to the enforcement of those obligations are not clearly defined in legal instruments. This Article reviews the legality of prevention and enforcement measures …
Dynamics Of Healthcare Reform: Bitter Pills Old And New, Christopher N.J. Roberts
Dynamics Of Healthcare Reform: Bitter Pills Old And New, Christopher N.J. Roberts
Vanderbilt Journal of Transnational Law
The United States is at a crossroads--albeit one it has visited several times before. Although the Supreme Court has ruled upon the constitutionality of the Patient Protection and Affordable Care Act, the polarizing controversy surrounding national healthcare that began several generations ago is likely to continue into the foreseeable future. In this latest round of national debates, the issue of healthcare has been framed exclusively as a domestic issue. But history shows that the question of national healthcare in the United States has also been an extremely important issue for international law and international politics. To shed light on the …
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 …
A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields, Margaret T. Artz
A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields, Margaret T. Artz
Vanderbilt Journal of Transnational Law
The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and doctrinal divergence between state and nonstate adversaries combine to make civilians account for 84 percent of combat deaths. Just as a slot machine entices a gambler though he rarely wins, the international community's inconsistent response to human shields has placed shield users on an intermittent reinforcement schedule, thereby ensuring that this tactic remains part of insurgent strategy. Long-term protection of civilians requires eliminating this tactic. Principles of behavior science indicate that an effective way to do so is to uniformly remove its …