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Full-Text Articles in Law
The Status Of State And Nonstate Actors In Postwar Hostilities: Restoring The Rule Of Law To Us Targeted Killing Operations, Claire Finkelstein
The Status Of State And Nonstate Actors In Postwar Hostilities: Restoring The Rule Of Law To Us Targeted Killing Operations, Claire Finkelstein
Vanderbilt Journal of Transnational Law
With the killing of Iranian general Qassim Soleimani, the United States crossed a new frontier in the use of extrajudicial lethal operations outside of armed conflict. As a state actor, Soleimani once would have been entirely off-limits as a target outside the context of a formal armed conflict between the United States and Iran. The Trump administration's choice to conduct a one-off strike on a state military leader indicates that conflicts among state adversaries are increasingly fought using the hybridized tools of the war on terror. This Article will argue that the increasing use of such techniques and the perceived …
"Authoritarian International Law" In Action? Tribal Politics In The Human Rights Council, Yu-Jie Chen
"Authoritarian International Law" In Action? Tribal Politics In The Human Rights Council, Yu-Jie Chen
Vanderbilt Journal of Transnational Law
The international human rights regime, a product of post- war liberalism, is increasingly falling under the shadow of authoritarian countries that try to influence the regime in favor of their illiberal agendas. This Article uses the United Nations Human Rights Council (HRC) as a prism to examine the changing dynamics among leading authoritarian and democratic actors as they contend to shape global human rights norms and institutions. This Article argues that China, the most resourceful authoritarian party-state, is engaging in what can be understood as tribal international politics, forming coalitions with authoritarian governments and developing countries that have different state …
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Vanderbilt Journal of Transnational Law
The current legal vacuum regarding binding international norms regulating malicious conduct in cyberspace has paved the way for the emergence of a unilateral tool: cyber sanctions. They have already been introduced by the United States, the European Union, and the United Kingdom. Notwithstanding their obvious importance, their interrelations with international law- especially international economic law-have remained largely unexplored in academic research. This gap is perplexing given the fact that the existing unilateral cyber sanctions have been formulated in such a way as to be prone to misuse. In particular, they bear a significant potential to disrupt economic relations and undermine …
Competing Claims: The Developing Role Of International Law And Unilateral Challenges To Maritime Claims In The South China Sea, Kevin Leddy
Vanderbilt Journal of Transnational Law
Chinese military and economic expansion have led to a commensurate decrease in the ability of neighboring countries to object to excessive maritime claims in the South China Sea. The existing framework of international law under the United Nations Convention on the Law of the Sea provides an anchoring point for coastal states' legal claims to the region, but it does not adequately address the complicated diplomacy challenges created by unilateral military action and unique geographical issues, such as artificial islands. Gradual acquiescence to maritime claims that do not comply with international law results from these conditions. Once these boundaries are …
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Vanderbilt Journal of Transnational Law
Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Pornography-Based Sex Trafficking: A Palermo Protocol Fit For The Internet Age, Hope Watson
Pornography-Based Sex Trafficking: A Palermo Protocol Fit For The Internet Age, Hope Watson
Vanderbilt Journal of Transnational Law
The United Nations Palermo Protocol provides an international framework for regulating human trafficking with aims of increasing perpetrator prosecution and victim rehabilitation. Signatory nations implement this resolution through domestic legislation. Discrepancies across these statutes result in dangerous jurisdictional gaps and chaotically varied law enforcement approaches. Though legal scholarship rarely addresses the topic, pornography-based sex trafficking provides a clear example of this trend. The unique digital features of the internet compound these challenges. This Note seeks to close procedural gaps and alleviate policing frustrations through a proprietary examination of the Protocol’s “exploitation” definition and suggests an amendment to the Protocol that …