Law Commons^™

Trade, Empires, And Subjects--China-Africa Trade, Uche E. Ofodile

Vanderbilt Journal of Transnational Law

Since 2000, the interest of the People's Republic of China (China) in Africa has grown steadily. Trade between China and Africa has grown exponentially. China-Africa trade volume increased from $10 billion to $18 billion between 2000 and 2003. In 2005, total trade between Africa and China surged to $40 billion, and in 2006 China-Africa trade was valued at $55.5 billion. A third of China's crude oil imports come from Africa. In the West, reaction to China's involvement in Africa has bordered on suspicion and paranoia. Policy makers and analysts are concerned that China could gain control over Africa's vast and …

Whose Child Is This?: Genetic Analysis And Family Reunification Immigration In France, Tera R. Murdock

Vanderbilt Journal of Transnational Law

In an attempt to limit fraudulent family reunification immigration and control how many migrants enter its borders, France statutorily implemented the use of DNA testing in family reunification immigration in late 2007. Where an immigrating child possesses suspicious documentation, and the child is seeking to reunite with his or her mother in France, the statute provides for voluntary DNA testing to establish that the child has a biological connection with the mother. The requirement of proof of a biological link between family members is diametrically opposed to family recognition policies that apply to French citizens, which emphasize the establishment of …

Comparative Models Of Reporting Mechanisms On The Status Of Trafficking In Human Beings, Mohamed Y. Mattar

Vanderbilt Journal of Transnational Law

A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of self-assessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made …

Counterinsurgency And Constitutional Design, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

Few think of counterinsurgency as linked to constitutional design. Counterinsurgency is bottom-up; constitutional design is top-down. Counterinsurgency is military; constitutional design is political-legal. Counterinsurgency is temporary, transitional, and tactical, designed to stabilize society; constitutional systems come later and are permanent, constant, and normal. But the conflicts in Iraq and Afghanistan demonstrate the fallacy of these perceptions. Counterinsurgency and constitutional design took place simultaneously, they required high-level political agreement and ground-level acceptance, and they involved politics, law, and security. Iraq and Afghanistan demonstrate that these two enterprises are not different and disconnected, but rather intricately interconnected and complementary. This Note explores …

Resolving The Dissonance Of Rodriguez And The Right To Education, Angela A. Holland

Vanderbilt Journal of Transnational Law

Education exists as a fundamental right recognized by countries worldwide. Overwhelming support for the right to education is reflected in international human rights instruments, including the International Convention on Economic, Social, and Cultural Rights and the Convention on the Rights of the Child. Notwithstanding a near global consensus on this issue, the United States has refused to recognize a federal right to education since the 1973 Supreme Court decision San Antonio Independent School District v. Rodriguez. The ill-effects of Rodriguez linger today; glaring disparities continue to mar the educational prospects of women, minorities, and poor children in the United States. …

Duress, Demanding Heroism, And Proportionality, Luis E. Chiesa

Vanderbilt Journal of Transnational Law

This Article discusses the Erdemovic case in order to examine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion.

After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as …