Law Commons^™

Security Council Resolutions And The Double Function Of Explanation Of Votes, Mark Klamberg

Vanderbilt Journal of Transnational Law

UN Security Council resolutions are not always clear: they sometimes need to be interpreted. Members of the Security Council may make statements in connection with their votes, termed explanation of votes. Explanation of votes may have at least two functions. First, they may contribute to the formation of customary international law. Secondly, they can be used as a means for interpreting Security Council resolutions in relation to a specific situation or dispute. The present Article examines different trajectories of conversations to show how Security Council resolutions and explanation of votes may protect the status quo in some instances and act …

Something Is Not Always Better Than Nothing: Problematizing Emerging Forms Of Jus Ad Bellum Argument, David Hughes, Yahli Shereshevsky

Vanderbilt Journal of Transnational Law

Since the adoption of the UN Charter, an unending debate concerning the permissible exceptions to the use of force prohibition has filled the pages of countless law reviews. The resulting legal regime, the jus ad bellum, has become increasingly strained as the international community faces new threats and encounters unforeseen scenarios. The post-war legal architecture is, so the debate goes, either insufficiently enabled to address contemporary challenges or consistently undermined by actors who seek exceptions to the strict limits placed upon state conduct. Debates regarding different instances when force is used exhibit a predictable pattern. Those that wish to limit …

Functions Of Freedom: Privacy, Autonomy, Dignity, And The Transnational Legal Process, Frederic G. Sourgens

Vanderbilt Journal of Transnational Law

What is the function of freedom for the transnational legal process? This Article answers this question through the lens of the ongoing Ukrainian crisis and the deeply inconsistent international legal arguments presented by each side of the conflict. These inconsistencies suggest that criticism of international law as purely political pretense has merits. The Article shows that transnational legal process theory can account for and incorporate these facial inconsistencies and thus address the criticism leveled at international law. The Article proceeds to develop a theory of freedom as a value that is internal to, and necessary for, transnational legal process. This …

In Memoriam: Professor Harold G. Maier, Journal Editor

Vanderbilt Journal of Transnational Law

Professor Harold Maier founded the student-edited Vanderbilt Journal of Transnational Law in 1967 and served as its faculty adviser until his retirement in 2005. He was appointed the David Daniels Allen Distinguished Professor of Law in 1988. He was a co-author of Public International Law in a Nutshell (with Thomas Buergenthal, West Publishing) and dozens of journal articles and book chapters, some written in German, which he spoke fluently. Hired in 1965 to develop Vanderbilt's international law program, Maier sought to establish a program to train students interested in an international legal practice and to enable scholarship in international legal …

Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enriquez

Vanderbilt Journal of Transnational Law

This Article builds upon Philip C. Jessup's revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-&-vis international law. This theory, called metanationalism, rejects Harold Koh's theory of transnationalism and demonstrates that …

He Knew Why He Was Here, D. D. Welch

Vanderbilt Journal of Transnational Law

Hal was passionate about his Transnational Legal Studies Program. He was brought to Vanderbilt in 1965 to build an international law program from scratch. In these days of globalization, it is difficult to remember how innovative his work was. In his first year, there were three international law courses at the Law School, all taught by him. There was a testy difference of opinion on campus about whether international law materials should be housed in the Law Library or remain in the University's Central Library...and there were not many materials in that collection. When Maier was named Director of the …

Transnational Litigation: Is There A "Field"? A Tribute To Hal Maier, Linda Silberman

Vanderbilt Journal of Transnational Law

I was pleased to be asked to offer a few words in honor of my friend, Professor Hal Maier, on the occasion of his retirement from Vanderbilt University Law School. I owe a particular debt of gratitude to Hal, not only because he has been a wonderful friend and colleague over the years, but also because he sparked my interest in a field to which I had only recently turned when we first met and one that now absorbs much of my time and attention. The "field"--if it can be characterized as such--is "international litigation" or "transnational litigation," and that …

Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii

Vanderbilt Journal of Transnational Law

When I was asked to speak on behalf of the students regarding Professor Charney's contributions to the Law School, I did initially wonder how closely my relationship with him mirrored the experiences of other students. I worked for him for almost two years as a research assistant for the American Journal of International Law; I spoke with him frequently, either in person or via e-mail, about various international legal issues; and he advised me on both my student note for the Vanderbilt Journal of Transnational Law and on my PhD dissertation. Thus, I knew the image that I had of …

Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand

Vanderbilt Journal of Transnational Law

This Article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part I examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma …

Editors' Introduction, Journal Editor

Vanderbilt Journal of Transnational Law

The following symposium contains articles based on papers presented at the Annual Meeting of the Association of American Law Schools, Section on Conflict of Laws, in New Orleans, Louisiana, January 6, 1995. The Section's program, Conflict of Laws in the Global Village: International Conflicts Issues for the General Course in Conflict of Laws, was organized by Professor Harold G. Maier of Vanderbilt University Law School, who was Chair of the Conflicts Section. The program was designed to identify and discuss current international conflict of laws issues that might fruitfully be explored in the general course on Conflict of Laws.

Foreword: Some Implications Of The Term "Transnational", Harold G. Maier

Vanderbilt Journal of Transnational Law

I think it is safe to say that no other body of law has changed as much during the Twentieth Century as has the law applicable to international matters. When the late Judge Phillip C. Jessup coined the term "transnational law,"' he did so with the recognition that human affairs could not properly be confined by the artificial territorial boundaries of nation-states. When the Vanderbilt International, the original incarnation of the Vanderbilt Journal of Transnational Law, sought a new name to mark its transition from duplicated to printed format, it selected Jessup's characterization to emphasize global interdependence, rather than the …

Immunity Of International Organizations In United States Courts: Absolute Or Restrictive?, Richard J. Oparil

Vanderbilt Journal of Transnational Law

Since 1945, international and intergovernmental organizations have been entitled to immunity under the International Organizations Immunities Act (IOIA) akin to that enjoyed by foreign governments, which was absolute at that time. In 1976, however, passage of the Foreign Sovereign Immunities Act (FSIA) significantly restricted the nature of foreign governments' immunity. This Article addresses the issue of whether the FSIA also restricted the immunity enjoyed by international organizations. The first two sections describe the IOLA and the FSIA. The third section discusses a number of cases involving international organizations and the ways courts have been able to avoid the issue of …

The Transnational Boycott As Economic Coercion In International Law: Policy, Place, And Practice, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Despite the technological and political intricacies that earmark the current international economic system, the transnational boycott remains a prominent technique of international economic coercion.

The transnational boycott can be described as a coercive quasi-conspiratorial combination effort by one state to prevent another state from transacting commercial business. Threats or intimidation may be directed at the target state's customers to induce them to withhold or withdraw their patronage. While the ends and means of transnational boycotts may seem clear, their legal status appears to be open to conjecture. This situation can be attributed in no small part to the more sophisticated …

Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing

Vanderbilt Journal of Transnational Law

THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS

Edited by R. Lillich

Charlottesville: Michie, 1981. Pp. xii, 164

Reviewed by Stephen C. Hicks

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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION

By Grant F. Rhode and Reid E. Whitlock

Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.

Reviewed by David A. Elder

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STATE AND DIPLOMATIC IMMUNITY

By Charles Lewis London:

Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.

Reviewed by Edward A. Laing

Book Reviews, Jorge L. Carro, David S. Clark, Burns H. Weston

Vanderbilt Journal of Transnational Law

El Conflicto Honduras-El Salvador y El Orden Juridico Internacional --

On July 14, 1969, the armed forces of El Salvador invaded Honduras... This book provides an almost hourly account of the events preceding the conflict, the war plans executed before the conflict started, the initiation of Inter-American System machinery for settling disputes, the heated discussions among the representatives of the different nations of the OAS, and the consequences of the war itself. Also included is the necessary background on the political and economic conditions prevailing in both countries before the war and a thorough analysis of what "role law and …

Introduction, Harold G. Maier

Vanderbilt Journal of Transnational Law

On October 24, 1980, a symposium entitled "Transnational Technology Transfer: Current Problems and Solutions for the Corporate Practitioner" was held at Vanderbilt Law School. The symposium was a regional meeting of the American Society of International Law (ASIL) co-sponsored by the Vanderbilt Journal of Transnational Law and the Vanderbilt International Law Society under the auspices of the law school's Transnational Legal Studies Program. This writer served as organizer for the ASIL. Mr. Kevin Tyra, a third-year law student, was Symposium Chairman. Persons in attendance at the symposium were individuals active in private practice, government, and the academic field. During the …

Recognition Of Rhodesia And Traditional International Law: Some Conceptual Problems, Isaak L. Dore

Vanderbilt Journal of Transnational Law

The traditional theories of recognition do not properly maintain the essential distinction between state and government. The only proper way to maintain this distinction is by laying down verifiable criteria for statehood, and treating the recognition of governments as purely discretionary. A state must have come into existence before the question of recognition of a particular government can arise. International personality is a consequence of statehood, not of recognition; if a state can objectively come into existence, so can international personality, and the grant or withdrawal of recognition cannot affect that personality.

The degree of recognition conferred by the United …

Freedom Of Transnational Movement: The Helsinki Accord And Beyond, Daniel C. Turack

Vanderbilt Journal of Transnational Law

Initial formal evaluation of the implementation of the Final Act of the Conference on Security and Cooperation in Europe signed at Helsinki on August 1, 1975, [hereinafter Helsinki Accord] took place at a 35-nation conference in Belgrade during the period from October 4, 1977, to March 9, 1978. The Helsinki Accord, though not a treaty, sets forth various principles of governmental conduct concerning freedom of transnational movement. The Accord morally commits participating states to implement certain measures either domestically or with other states, to respect, promote, and encourage human rights and fundamental freedoms.

The Helsinki Accord is divided into three …

Editor's Foreword, Charles G. Burr Editor-In-Chief

Vanderbilt Journal of Transnational Law

The Vanderbilt Journal of Transnational Law is a new undertaking at Vanderbilt Law School. The Journal is an outgrowth of the predecessor publication, The Vanderbilt International, which was established in 1967 as a bulletin of the Vanderbilt International Law Society. A number of factors, including increased student enrollment at the Law School and a growing awareness of global activities and problems, have facilitated the Journal's evolution into its present, expanded format. It is indeed appropriate that the lead article of the new publication should be authored by Judge Philip C. Jessup, who has long been the foremost advocate in the …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

NULLITY AND REVISION: THE REVIEW AND ENFORCEMENT OF INTERNATIONAL JUDGMENTS AND AWARDS

By W. Michael Reisman

New Haven: Yale University Press, 1971. Pp. vii, 900. $25.00.

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THE ENDLESS CRISIS

Edited by Frangois Duchne

New York: Simon and Schuster, 1971. Pp. 310. $2.75.

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INTERNATIONAL LAW, NATIONAL TRIBUNALS AND THE RIGHTS OF ALIENS By Grant Dawson and Ivan L. Head

Syracuse: Syracuse University Press, 1971. Pp. vii, 344. $11.75.

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THE LIMITED ELITE: POLITICS AND GOVERNMENT IN TWO INDIAN CITIES

By Donald B. Rosenthal

Chicago: University of Chicago Press, 1970. Pp.vii, 360. $12.75.

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INTERNATIONAL LAW: THE SUBSTANCE. …