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Full-Text Articles in Law
Do Human Rights Treaties Help Asylum-Seekers?: Lessons From The United Kingdom, Stephen Meili
Do Human Rights Treaties Help Asylum-Seekers?: Lessons From The United Kingdom, Stephen Meili
Vanderbilt Journal of Transnational Law
This Article analyzes the circumstances under which international human rights treaties have helped or hurt asylum-seekers in the United Kingdom since 1991. Combining a database of nearly two thousand asylum decisions and fifty-one interviews with U.K. refugee lawyers, it identifies several factors which help determine the impact of human rights treaties in individual cases. It focuses on the United Kingdom because that country has ratified or otherwise adopted numerous human rights treaties over the past three decades, and U.K. refugee lawyers regularly invoke those treaties in representing their clients.
This Article fills a gap in the treaty effectiveness literature by …
Power, Exit Costs, And Renegotiation In International Law, Timothy Meyer
Power, Exit Costs, And Renegotiation In International Law, Timothy Meyer
Vanderbilt Law School Faculty Publications
Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …
Treaty Bodies And The Interpretation Of Human Rights, Kerstin Mechlem
Treaty Bodies And The Interpretation Of Human Rights, Kerstin Mechlem
Vanderbilt Journal of Transnational Law
The eight United Nations human rights treaty bodies play an important role in establishing the normative content of human rights and in giving concrete meaning to individual rights and state obligations. Unfortunately, their output often suffers from methodological weaknesses and lack of coherence and analytical rigor, which compromise its legitimacy.
This Article suggests that these deficits could in large part be addressed if the committees applied the customary legal rules of interpretation codified in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (Vienna Convention), which requires attention to the text, context, and object and purpose …
The Anti-Ballistic Missile Treaty Debate: Time For Some Clarification Of The President's Authority To Terminate A Treaty, Joshua P. O'Donnell
The Anti-Ballistic Missile Treaty Debate: Time For Some Clarification Of The President's Authority To Terminate A Treaty, Joshua P. O'Donnell
Vanderbilt Journal of Transnational Law
This Note explores the legal issues surrounding a president's legal authority to unilaterally withdraw from a treaty. This Note argues that, while international legal issues surrounding treaty termination are not controversial, the domestic legal issues surrounding the president's authority to terminate a treaty are heavily disputed. An analysis of these domestic legal issues does not resolve the controversy. Instead, this Note argues that a functional analysis is required. This functional analysis reveals that the president should have the power to unilaterally terminate a treaty because it maintains foreign policy effectiveness. The Note then argues that the Senate, which informally recognizes …
The European Union's Common Foreign And Security Policy: It Is Not Far From Maastricht To Amsterdam, Daniel T. Murphy
The European Union's Common Foreign And Security Policy: It Is Not Far From Maastricht To Amsterdam, Daniel T. Murphy
Vanderbilt Journal of Transnational Law
The radical shift in and expansion of the concepts of European law wrought by the now more than five-year-old Treaty on European Union (TEU) are not fully appreciated in the United States. Until the TEU of 1992, European law was bounded by the reasonably well-defined and understood contours of the Treaty of Rome and its amendments. The expressly political TEU added new dimensions to European law, the relationships among the Member States, and the scope of activities to be pursued by the European Union. This expansion was accomplished through, among other provisions, (1) the TEU's monetary union provisions; (2) its …
The United States Policy Of Stringent Anti-Treaty-Shopping Provisions: A Comparative Analysis, Simone M. Haug
The United States Policy Of Stringent Anti-Treaty-Shopping Provisions: A Comparative Analysis, Simone M. Haug
Vanderbilt Journal of Transnational Law
Tax avoidance through international treaty shopping has become a subject of intense controversy in the international community. By shrewdly structuring businesses, corporations are currently able to take advantage of tax exemptions contained in tax treaties, though the countries that have joined the treaties never intended for them to benefit from such provisions. Many nations, including the United States, view this practice as tax treaty abuse. In response to such abuses, many countries are now incorporating strict anti-treaty-shopping provisions in their bilateral tax treaties.
Ms. Haug begins the Article by describing the practice of treaty shopping and, specifically, the various methods …
Case Digest, Journal Staff
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
Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short
Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short
Vanderbilt Journal of Transnational Law
The opening of internal borders within the European Community presents tremendous opportunity for European economic growth. Yet with all the potential benefits come many problems. Increased illegal art trafficking is one of these problems. This Note examines European treaties, laws of the individual EC Member States, and Community-wide treaties and regulations designed to prevent the theft and illegal export of art. The Note discusses how the differing interests of the Member States have prevented agreement on legislation to protect art and resulted in measures inadequate to protect Europe's vast art treasures. After analyzing the latest EC regulatory attempt to protect …
International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love
International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love
Vanderbilt Journal of Transnational Law
Focusing on the dissolution of the Soviet Union, the author explores whether international law is consistent with respect to the succession of states to treaty obligations. This Note examines whether the republics of the former Soviet Union are held bound by treaties made by the U.S.S.R.
The Note discusses whether the current practice of the United States regarding treaties with the former Soviet Union is consistent with international law. The author concludes that international law in this area is not well settled. The United States treatment of the former Soviet republics is consistent with some sources of law, but not …
A Brief Rejoinder, Anthony D'Amato
A Brief Rejoinder, Anthony D'Amato
Vanderbilt Journal of Transnational Law
Professor Weisburd's reply to my essay adds helpful insights to the fascinating issue of the impact of treaties upon customary international law. For the most part, I think the positions on both sides have been clearly drawn, leaving to the reader the ultimate judgment on the merits.
One instance where the position is not so clearly drawn, however, is the question of what custom-creating force we can find in a treaty that itself disavows its custom-creating force. If the language says that the treaty is a matter of comity only, Professor Weisburd argues that the treaty cannot give rise to …
Interpreting State Practice Under Treaties: A Brief Colloquy On The Composition Of Customary International Law, Law Review Staff
Interpreting State Practice Under Treaties: A Brief Colloquy On The Composition Of Customary International Law, Law Review Staff
Vanderbilt Journal of Transnational Law
In the following discussion, Professor D'Amato takes issue with Professor Weisburd's interpretation of the impact of state practice under treaties. Although the central debate specifically addresses the issue of human rights, the discussion provides a valuable framework for deciding whether contrary state practice effectively undermines the conclusive effect of treaties in developing rules of customary international la
Custom And Treaty: A Response To Professor Weisburd, Anthony D'Amato
Custom And Treaty: A Response To Professor Weisburd, Anthony D'Amato
Vanderbilt Journal of Transnational Law
Arthur M. Weisburd's article, "Customary International Law: The Problem of Treaties", focuses on an important problem that has been relatively overlooked: whether current doctrinal scholarship accords too much weight to treaties as constitutive of customary practice. Few issues in international law are more important than the question of where an international rule comes from and how it is proved. Professor Weisburd has addressed a significant component of this basic question. Since he regards me as the leading offender among writers who overdetermine the value of treaties, I would like to take this opportunity to respond.
As a preliminary matter, I …
Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing
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
Unilateral Termination Of The 1954 Mutual Defense Treaty Between The United States And The Republic Of China Pursuant To The President's Foreign Relations Power, Ronald P. Cima
Vanderbilt Journal of Transnational Law
The act of terminating a treaty may initiate an international embroglio or create international arrangements as effectively as the act of entering into a treaty. Although the ramifications of each act may be significant, recent United States commentary has expressed greater concern over the constitutional efficacy of the methods by which the United States has entered international agreements than over the methods by which the United States has removed itself from them. President Carter's unilateral termination of the 1954 Mutual Defense Treaty between the United States and the Republic of China has raised the issue of which branch ought to …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Code and Custom in a Thai Provincial Court
By David M. Engel
Tuscon, Arizona: The University of Arizona Press, 1978. Pp. 230. $4.95.
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Human Rights and Development: Report of a Seminar on Human Rights and Their Promotion in the Caribbean
By the International Commission of Jurists and The Organization of Commonwealth Bar Associations
Bridgetown, Barbados, W.I.: The Cedar Press, 1978. Pp. 190.
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Iceburg Utilization: Proceedings of the First International Conference Held at Ames, Iowa
Edited by A.A. Husseiny
New York, New York: Pergamon Press, 1978. Pp. 760. $35.00.
Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan
Recent Decisions, Richard F. Cook, Jr., Edward C. Brewer, Iii, Daniel R. Wofsey, Sue D. Sheridan, Steven M. Morgan
Vanderbilt Journal of Transnational Law
Recent Decisions
Admiralty--Time Charter--Shipowner's Contractual Right to Withdraw Services of Vessel upon Charterer's Failure to Provide Punctual Payment is not Extinguished by Late Tender of Payment
Richard F. Cook, Jr.
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Antitrust--Treble Damages--A Foreign Sovereign is a "Person" entitled to Sue under Section 4 of the Clayton Act
Edward Cage Brewer, III
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Customs search of International Mail--A Customs Search of International Mail is Authorized by 19 C.F.R. § 145.2 and Incorporates the Reasonable Cause to Suspect Requirement of 19 U.S.C. § 482
Daniel R. Wofsey
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Jurisdiction and Procedure--Discovery--Party unable to comply with Discovery Order which Contravenes Foreign Nondisclosure …
Recent Development--Panama Canal Treaties, David M. Himmelreich
Recent Development--Panama Canal Treaties, David M. Himmelreich
Vanderbilt Journal of Transnational Law
Given its strategic interest in the Canal, it might well be asked why the United States would sign a Treaty which does not give an unambiguous right of intervention. Under the Treaty, the United States has at best only a weak legal justification for intervention, which will be useful in domestic politics should the popular opposition to "giving the Canal away" become critical, but which will be much less convincing elsewhere. World opinion is suspicious of the reliance of any great power on intervention, regardless of the legal rationale. The justification will be least persuasive in Latin America where there …
Recent Decisions, John E. Drake, Heidi A. Rohrbach, John R. Hellinger, Elizabeth G. Browning
Recent Decisions, John E. Drake, Heidi A. Rohrbach, John R. Hellinger, Elizabeth G. Browning
Vanderbilt Journal of Transnational Law
CHOICE OF LAW--WRONGFUL DEATH--GOVERNMENTAL-INTEREST ANALYSIS DETERMINES LAW APPLICABLE TO MEASURE OF DAMAGES IN CLAIMS ARISING FROM FOREIGN Air CRASH
John Edison Drake
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EUROPEAN COMMUNITIES--FREE MOVEMENT OF WORKERS--COURT OF JUSTICE SETS GUIDELINES FOR USE BY MEMBER STATES OF THE PUBLIC POLICY EXCEPTION IN ARTICLE 48
Heidi A. Rohrbach
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TAX TREATIES--UNITED STATES MAY USE THE INTERNAL REVENUE CODE SUMMONING AUTHORITY TO OBTAIN DOMESTIC INFORMATION SOLELY TO AID A FOREIGN DOMESTIC TAX INVESTIGATION PURSUANT TO A TAX TREATY
John R. Hellinger
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TREATY INTERPRETATION--WARSAW CONVENTION-- PASSENGERS UNDERGOING SEARCH PREREQUISITE TO BOARDING ARE ENGAGED IN OPERATIONS OF EMBARKING
Elizabeth Graeme Browning
Case Digest, Journal Staff
Case Digest, Journal Staff
Vanderbilt Journal of Transnational Law
Case Digest
1. ADMIRALTY
SEAMAN ENTITLED TO MAINTENANCE AND CURE UNTIL INJURY DIAGNOSED INCURABLE
INJURED SEAMAN WHO ABANDONS REHABILITATION PROGRAM DUE TO EXTENUATING CIRCUMSTANCES DOES NOT FORFEIT His RIGHT TO MAINTENANCE AND CURE
SHIPOWNER NOT ENTITLED TO INDEMNITY FOR SETTLEMENT PAID TO INJURED SEAMAN UNDER No LEGAL COMPULSION
THE SUITS IN ADMIRALTY ACT AND THE PUBLIC VESSELS ACT COMPREHEND WRONGFUL DEATH ACTIONS
2. ALIEN'S RIGHTS
MERE SEPARATION OF AN ALIEN AND HIS SPOUSE SHORTLY AFTER MARRIAGE DOES NOT MAKE THE MARRIAGE A SHAM FOR IMMIGRATION PURPOSES
ENTRY OF AN ALIEN INTO THE UNITED STATES INCLUDES ANY ENTRANCE FOLLOWING A MEANINGFUL …