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Articles 1 - 13 of 13
Full-Text Articles in Law
Outsourcing And Insourcing Crime: The Political Economy Of Globalized Criminal Activity, Tomer Broude, Doron Teichman
Outsourcing And Insourcing Crime: The Political Economy Of Globalized Criminal Activity, Tomer Broude, Doron Teichman
Vanderbilt Law Review
Globalization is on the rise. The last few decades have been marked by dramatic reductions in transaction costs that have helped bring together local markets. Technological advances such as wireless telecommunications and the Internet have connected buyers and sellers of goods and services across the planet through transactions that were not even feasible, let alone cost-effective, as little as a decade ago. No less importantly, the systematic removal of regulatory barriers to international trade has facilitated economic globalization. At the forefront of international economic liberalization, the creation of the World Trade Organization ("WTO") in 1995 extended multilateral trading rules beyond …
International Security And International Law In The Northwest Passage, James Kraska
International Security And International Law In The Northwest Passage, James Kraska
Vanderbilt Journal of Transnational Law
Concern over the loss of sea ice has renewed discussions over the legal status of the Arctic and subarctic transcontinental maritime route connecting the Atlantic and Pacific Oceans, referred to as the "Northwest Passage." Over the past thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of …
The Continental Shelf Beyond 200 Nautical Miles, Vladimir Jares
The Continental Shelf Beyond 200 Nautical Miles, Vladimir Jares
Vanderbilt Journal of Transnational Law
As policymakers, academia, and the media have paid increased attention to the Arctic region, there is more evidence of a certain lack of knowledge concerning the applicable international law.
The United Nations Convention on the Law of the Sea of December 10, 1982--adopted in 1982 and in force since November 16, 1994--provides both a legal framework within which all activities in oceans and seas must be carried out and, as far as the seabed of the Arctic Ocean international law is concerned, answers to questions related to its legal status and applicable regulations.
If a coastal State wishes to delineate …
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Robert J. Delahunty, Antonio F. Perez
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Robert J. Delahunty, Antonio F. Perez
Vanderbilt Journal of Transnational Law
The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in international law that began with NATO's 1999 intervention in Kosovo. NATO'S intervention called into question the authority and viability of the UN Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt another blow to the post-War legal rules and institutions for controlling and mitigating great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for destabilizing the international …
International Legal Responses To Kosovo's Declaration Of Independence, Jure Vidmar
International Legal Responses To Kosovo's Declaration Of Independence, Jure Vidmar
Vanderbilt Journal of Transnational Law
On February 17, 2008, Kosovo declared independence. As of March 6, 2009, fifty-six states have recognized Kosovo's independence, while a number of states maintain that Kosovo's declaration of independence is illegal. There is no specific resolution calling for nonrecognition, yet whether an obligation of nonrecognition stems from UN Security Council Resolution 1244 is a highly disputed issue.
Resolution 1244 established an international territorial administration, affirmed Serbia's territorial integrity, and called for a political process leading to settlement of Kosovo's future status. Unlike in East Timor, the political process in Kosovo did not result in a prenegotiated path to independence, confirmed …
Arctic Warming: Environmental, Human, And Security Implications, Mary B. West
Arctic Warming: Environmental, Human, And Security Implications, Mary B. West
Vanderbilt Journal of Transnational Law
Arctic warming has myriad implications for the Arctic environment, residents, and nations. Although definitive predictions are difficult, without question the scope and rapidity of change will test the adaptive capacities of the Arctic environment as well as its residents. Warming is affecting marine ecosystems and marine life, terrestrial ecosystems, and the animals and people who depend on them. Human impacts include effects on access to food and resources; health and well being; and community cohesion, traditions, and culture. Increased shipping and resource activity create the need for additional maritime presence and security; better environmental and safety regulations; peaceful resolution of …
Enforcing Human Rights In U.S. Courts And Abroad: The Alien Tort Statute And Other Approaches, John B. Bellinger, Iii
Enforcing Human Rights In U.S. Courts And Abroad: The Alien Tort Statute And Other Approaches, John B. Bellinger, Iii
Vanderbilt Journal of Transnational Law
U.S. foreign policy--under every Administration--involves promoting respect for human rights around the world. Most of you probably know that the State Department spends a great deal of time and effort abroad, persuading foreign governments to change their human rights behavior and administering programs to advance the cause of human rights. What many of you may not be aware of, though, is that we are now quite frequently occupied "domestically" with suits by foreign plaintiffs in U.S. courts--often arising from conduct that occurred in other countries and has no significant connection to the U.S., that may not be consistent with our …
Avoid Or Compensate? Liability For Incidental Injury To Civilians Inflicted During Armed Conflict, Yael Ronen
Avoid Or Compensate? Liability For Incidental Injury To Civilians Inflicted During Armed Conflict, Yael Ronen
Vanderbilt Journal of Transnational Law
Under international law, civilians suffering injuries that are incidental to a lawful attack on a military objective are left to bear the cost of their losses. In recent years there have been calls for a change in policy that would entitle victims of military attacks to compensation, even if their losses are incidental and non-fault-based. This Article explores the notion of such a quasi-strict liability rule, which is likely to disrupt the existing balance of powers and interests under the laws of armed conflict. Following an exploration of the conceptual basis for such an obligation, the Article examines the effect …
Strengthening International Regulation Through Transnational New Governance: Overcoming The Orchestration Deficit, Kenneth W. Abbott, Duncan Snidal
Strengthening International Regulation Through Transnational New Governance: Overcoming The Orchestration Deficit, Kenneth W. Abbott, Duncan Snidal
Vanderbilt Journal of Transnational Law
A new kind of international regulatory system is spontaneously arising out of the failure of international "Old Governance" (i.e., treaties and intergovernmental organizations) to adequately regulate international business. Nongovernmental organizations, business firms, and other actors, singly and in novel combinations, are creating innovative institutions to apply transnational norms to business. These institutions are predominantly private and operate through voluntary standards. The Authors depict the diversity of these new regulatory institutions on the "Governance Triangle," according to the roles of different actors in their operations. To analyze this complex system, we adapt the domestic "New Governance" model of regulation to the …
The Crisis Of International Law, Rafael Domingo
The Crisis Of International Law, Rafael Domingo
Vanderbilt Journal of Transnational Law
This Article delves into the reasons for the current crisis in the traditional international law system, considering how the system developed through the centuries in order to respond to the needs and circumstances of past historical epochs, as well as how the system is no longer capable of meeting the unique developments and needs of life in the Third Millennium. The Article considers the fundamental problems of a state-based system of international law that--rather than focusing on the prime actor and focus of the law, the human person, and his inherent dignity--concentrates on and gives enormous power to the artificial …
Combating Incitement To Terrorism On The Internet: Comparative Approaches In The United States And United Kingdom And The Need For An International Solution, Elizabeth M. Renieris
Combating Incitement To Terrorism On The Internet: Comparative Approaches In The United States And United Kingdom And The Need For An International Solution, Elizabeth M. Renieris
Vanderbilt Journal of Entertainment & Technology Law
In recent years, terrorist use of the Internet has been gaining in popularity, with more than several thousand radical or extremist websites in existence today. Because the Internet transcends physical and geographic boundaries, combating terrorist incitement on the Internet requires cross-border global cooperation. Although the international community has taken steps to combat the problem with United Nations Security Council Resolutions 1373 and 1624, the state parties to these resolutions have been unable to close the significant holes in the current international legal framework, and there is little evidence that terrorist use of the Internet for purposes of incitement is being …
Sanctions, Countermeasures, And The Iranian Nuclear Issue, N. J. Calamita
Sanctions, Countermeasures, And The Iranian Nuclear Issue, N. J. Calamita
Vanderbilt Journal of Transnational Law
The international community's response to Iran's nuclear development program highlights the sometimes complex legal relationship between the UN system of collective security and the rights of states to take unilateral countermeasures under the law of state responsibility. It also raises a number of important questions about (a) the discretion afforded to states in the interpretation and implementation of Security Council resolutions, (b) the availability of countermeasures for the violation of multilateral obligations, and (c) the exclusivity of the Chapter VII framework for collective security.
This Article argues that, while the Security Council's Iran sanctions resolutions do not grant discretionary authority …
Judicial And Arbitral Proceedings And The Outer Limits Of The Continental Shelf, John E. Noyes
Judicial And Arbitral Proceedings And The Outer Limits Of The Continental Shelf, John E. Noyes
Vanderbilt Journal of Transnational Law
This Article explores when international third-party dispute settlement forums may hear cases concerning the outer limits of a continental shelf beyond 200 nautical miles from baselines. The 1982 Convention on the Law of the Sea articulated determinate rules for establishing those limits and created an institution--the Commission on the Limits of the Continental Shelf--to make recommendations concerning them. Limits set by coastal states "on the basis of" such recommendations "shall be final and binding." Yet the Law of the Sea Convention's third-party dispute settlement system may also apply to outer limits questions concerning the Arctic Ocean and other oceans.
International …