Law Commons^™

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen

Vanderbilt Journal of Transnational Law

The considerable activism displayed by the Security Council over the last years and its dynamic application of the powers under Chapter VII of the UN Charter recently have inspired concern for the institutional balance within the United Nations and the quest for justiciable restraints upon the Council. Such concern underlines a "constitutional" approach to the United Nations framework: the Charter is conceived as a kind of constitution for the community of states with the International Court of Justice as the ultimate guardian of its legality vis-a-vis the Council. Such a "constitutional" approach should be viewed with caution. The scrutiny of …

Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

Immanuel Kant once remarked: " Out of timber so crooked as that from which man is made, nothing entirely straight can be built." Understood in terms of international law, this philosopher's wisdom points toward a far-reaching departure from traditional emphases on structures of global power and authority. Newly aware that structural alterations of international law are always epiphenomenal, ignoring root causes of international crimes in favor of their symptomatic expressions, we could craft from this departure a new and promising jurisprudence. Acknowledging that human transformations must lie at the heart of all world-order reform, we could build upon the knowledge …

Default Breakdown: The Vienna Convention On The Law Of Treaties' Inadequate Framework On Reservations, Daniel N. Hylton

Vanderbilt Journal of Transnational Law

The 1969 Vienna Convention on the Law of Treaties attempted to give some order to the confusion that was treaty law after World War II. One treaty issue that was particularly in need of codification was the law governing reservations to treaties. With the growing number of participants in the international community making universal agreement more difficult, the frequency of reservations, as a vehicle for circumscribing disagreements in treaty negotiations, increased. However, most practices regarding reservations severely limited the ability of states to make reservations successfully. To remedy that problem, the Vienna Convention adopted a flexible approach to treaty reservations, …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

Striking A Difficult Balance: Combatting The Threat Of Neo-Nazismin Germany While Preserving Individual Liberties, David E. Weiss

Vanderbilt Journal of Transnational Law

Through violence, intolerance, and fascism, neo-Nazis threaten the political and social structure of Germany's democratic state. As the neo-Nazi movement continues to grow throughout Germany, the German government faces the difficult challenge of quelling the neo-Nazis. By invoking the laws enacted to prevent the resurgence of Nazism, the government has infringed upon basic individual liberties such as freedom of expression and association. This Note discusses the various devices implemented by both Germany and the international community to combat neo-Nazis, and the effects these measures have had on the neo-Nazis themselves. This Note concludes that in attempting to strike an appropriate …

Non-Proliferation, Self-Defense, And The Korean Crisis, Mark E. Newcomb

Vanderbilt Journal of Transnational Law

The United Nations, the United States, and other interested governments have sought to minimize the proliferation of nuclear weapons. North Korea's apparent attempts to begin production of nuclear materials clearly undermine the goal of non-proliferation. Moreover, the introduction of nuclear weapons onto the Korean peninsula, a site of continued political and military tension, has added a threat of potential nuclear conflict. This Article investigates the history of the Korean crisis and places North Korea's attempt to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons in the context of the international non-proliferation regime and policy. The author then examines …

The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano

Vanderbilt Journal of Transnational Law

The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …