International Law Commons^™

A Dose Of Accountability: Fixing Treaty Enforcement To Combat State Complicity In Transnational Illicit Fentanyl Trafficking, Caitlin Sharma

Vanderbilt Journal of Transnational Law

The international fentanyl crisis underscores significant gaps in treaty enforcement, particularly with state accountability for drug manufacturing and export practices leading to illicit fentanyl trafficking. Despite preventive measures established by United Nations drug conventions, legal loopholes in these provisions impede meaningful cooperation between state parties. This Note uses key countries, including the United States, Canada, Mexico, China, and India, as case studies in both producing and receiving fentanyl and its precursors. It evaluates current proposals to mitigate the crisis, such as enhanced international cooperation and the potential expansion of the International Criminal Court’s jurisdiction. However, these solutions remain insufficient due …

The Future Of Crypto-Asset Regulation Under Wto Law, Ines Willemyns

Vanderbilt Journal of Transnational Law

No abstract provided.

Uncharted Waters: Barriers To Ocean Carbon Removal In The High Seas Under Unclos And The Bbnj, Connor Stevens

Vanderbilt Journal of Transnational Law

No abstract provided.

Monopolizing The Harvest: Corporate Influence And Regulatory Gaps In Global Seed Governance, Mia Mahmudur Rahim

Vanderbilt Journal of Transnational Law

No abstract provided.

Voyage Of Injustice: The Socioeconomic Exploitation In The Cruise Industry, Tarissa L. Peterson

Vanderbilt Journal of Transnational Law

No abstract provided.

Cross-Border Cyber Operations: Targeting Healthcare As Unlawful Intervention In The Affairs Of States, Priya Urs

Vanderbilt Journal of Transnational Law

No abstract provided.

Fragmentation In Global Climate Governance: What Lessons From Covid-19?, Sivan Shlomo Agnon

Vanderbilt Journal of Transnational Law

No abstract provided.

Closing The Asylum Gender Gap: Why "Afghan Women" Is A Compelling Particular Social Group, Mackenzie Heinrichs

Vanderbilt Journal of Transnational Law

No abstract provided.

The Scientific Border: Dna Testing For Family Reunification, Alexa Greco

Vanderbilt Journal of Transnational Law

No abstract provided.

The International Copyright System And Development: The Role Of The World Intellectual Property Organization, Faith O. Majekolagbe

Vanderbilt Journal of Transnational Law

No abstract provided.

Ultra-Slow Responses To The Ultra-Fast Fashion Problem: Combatting Forced Labor In The Global Apparel Industry With Due Diligence And Customs Regulations, Cameron Watts

Vanderbilt Journal of Transnational Law

No abstract provided.

Justifying Aggression: Russia's 2020 Constitutional Amendments And The Invasion Of Ukraine, Robert C. Blitt

Vanderbilt Journal of Transnational Law

Beyond the alluring promise of an enhanced social safety net for Russian citizens, President Vladimir Putin's constitutional amendments of 2020 betrayed a distinct preoccupation with fortifying Russia's international standing and crafting a new national identity. By Putin's own account, these amendments were necessary to steel the country against the malevolent action of international conspirators committed to Russia's downfall. As this Article posits, these specific constitutional changes systematically entrenched an exceptionalist vision of Russian sovereignty and a civilizational identity that left the country constitutionally untethered from international norms and institutions, saturated in religious fervor and visions of imperial glory, and poised …

A Global Crypto Code Of Conduct: Crafting An Internationally Centralized Regulatory Body For A Decentralized Asset, Mary Kavaloski

Vanderbilt Journal of Transnational Law

The advent of Bitcoin in 2009 presented a previously unfathomable possibility for the future of currency and monetary transactions. Now, cryptocurrency is ubiquitous; it is increasingly seizing media headlines, novel swathes of investors, institutional bank involvement, and most importantly of all, the attention of government regulators. Yet governments around the globe have failed to adequately keep up with the pace of cryptocurrency's evolution, particularly because of their lack of expertise in this unprecedented area. This Note discusses how cryptocurrency's truly global footprint warrants a partnership between national regulators and industry actors at the international level. Specifically, by exploring the approaches …

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Vanderbilt Journal of Transnational Law

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

Temporary Protection For Ukrainians In The European Union: Why Now And When Again?, Maryellen Fullerton

Vanderbilt Journal of Transnational Law

In 2022, the Russian invasion of Ukraine produced an unprecedented wave of temporary immigration protections throughout the European Union (EU). Within the first few months of the war in Ukraine, over 4 million displaced individuals had registered for temporary protection. EU States distant from Ukraine sheltered hundreds of thousands of displaced families, while Poland and other EU States that border Ukraine sheltered more than 2 million. This groundswell response marked a striking departure from just seven years earlier, when the EU Commission and EU Council failed to use readily available laws to provide a temporary protection program for Syrians displaced …

Addressing Unlawful Cyber Operations In Armed Conflict Through Human Rights Bodies Instead Of The International Criminal Court, Zachary R. Orr

Vanderbilt Journal of Transnational Law

Although the ICC-or other similarly-situated international criminal tribunals-could soon see the first cyber war crime prosecution, two glaring issues persist. First, the universe of conduct that could give rise to such a prosecution is limited. Second, heavy reliance on the war crimes framework fails to provide a forum for redress of many harms caused by other unlawful cyber operations in armed conflict. The fragmented nature of international law and its enforcement mechanisms requires solutions that harness the full range of the integrated architecture of the international system. Cyber operations might soon feature at the ICC, but only a fraction of …

Environmental Justice As Environmental Human Rights, John H. Knox, Nicole Tronolone

Vanderbilt Journal of Transnational Law

For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways.

First, it presents the most detailed restatement of environmental human rights law yet published. International human rights bodies have developed a robust environmental jurisprudence setting out concrete obligations on States, including procedural obligations to provide public access to environmental information, decision-making, and remedies, substantive obligations to adopt and enforce effective environmental …

China's National Security Review Of Foreign Investment: A Comparison With The United States, Robin Hui Huang

Vanderbilt Journal of Transnational Law

This paper critically examines China's national security review regime of foreign investment and compares it with that of the United States. Over the years, China has gradually established a comprehensive legal framework for national security review of foreign investment. Recent efforts were made to refine the public enforcement mechanism of the review in tandem with a new "pre-establishment national treatment plus negative list" system under the 2020 Foreign Investment Law. The United States also enacted the Foreign Investment Risk Review Modernization Act of 2018 to enhance its national security review regime. By analyzing the law and practices of China and …

Combatting A Crisis Of Global Food Protectionism Sparked By The War In Ukraine, Daniel C.K. Chow, Ian M. Sheldon

Vanderbilt Journal of Transnational Law

The world is currently gripped in a food crisis of historic proportions that is threatening tens of millions of people in the poorest countries of the world with famine and starvation. Sparked by the war in Ukraine, this crisis is being made worse by nations imposing export restrictions on food in a misguided attempt to curb soaring domestic food prices. Export restrictions are "beggar-thy-neighbor" policies that prevent increases in domestic food prices but at the expense of raising world prices, exacerbating the crisis. Although nations have turned to the World Trade Organization (WTO) for help in removing these export restrictions, …

The Enforceability Of Private Property And Contract Rights Against A Successor State In International Law, Daniel Costelloe

Vanderbilt Journal of Transnational Law

When one state replaces another in sovereignty over territory, several legal issues arise. One pressing issue that has fallen into neglect in scholarship concerns the enforceability of certain private rights, specifically property and contract rights, against the successor state. These include, for example, state contracts, concessions, or land grants by the government. This article examines the conceptual bases that have been invoked to explain the survival of such rights against a successor state. Even if such rights survive as a matter of customary international law, none of these theories acquired rights, subrogation, the continuity of the predecessor state's legal system …

The Identifiability Problem In Transnational Privacy Regulation, Xiaowei Yu

Vanderbilt Journal of Transnational Law

Commercial surveillance pervasively compromises data privacy by tracking consumers without meaningful consent or knowledge, yet there is no consensus on when data privacy laws should intervene. The crux lies in the standard of identifiability, which functions as the threshold trigger for when regulation is permissible. Ascertaining the identifiability of information is therefore critical to consumers, companies, and regulators, who must understand, comply with, and implement data privacy laws. As this Article shows, the world's key privacy jurisdictions the European Union, United States, and China-continue to struggle in similar ways with inadequately defining and inconsistently applying the concept of identifiability. This …

Establishing Control Order Regimes: The International Human Rights Law Implications For Pre-Conviction And Post-Release Control Orders, Natalie Garcia

Vanderbilt Journal of Transnational Law

Control orders are restrictive measures placed on individuals that pose an identified threat to public safety as a component of domestic counterterrorism policy. Control orders and their compliance with International Human Rights Law have been the subject of extensive litigation within the European Court of Human Rights and domestic states courts. Controlling provisions are applied in either the pre- conviction or the post-release stage of a state's criminal procedure. Pre- conviction control orders face significant criticism for the potential conflicts with due process protections of the right to a fair trial and the broader right of liberty. This Note describes …

A New Green Wave: Lessons From Argentina's Marea Verde For Legalizing Abortion Over Religious Opposition In The United States, Morgan Peck

Vanderbilt Journal of Transnational Law

This Note examines the role Christianity, particularly Roman Catholicism, played in influencing abortion laws in the United States and Argentina and offers a solution for new federal protections of abortion rights in the United States. Part II discusses the evolution of abortion rights in both countries, from their foundations to their recent reversals. Part III scrutinizes the ways in which religious ideology factored into the different logical frameworks utilized by the different parties involved in the fight for abortion access, the relevant tactics employed, and the subsequent outcomes. Considering the impact in Argentina of US jurisprudence regarding abortion rights, the …

A New Era At The Court Of International Trade: Endemic, Executive Orders, And Enforcement, Timothy Meyer

Vanderbilt Journal of Transnational Law

Judicial conferences offer a unique opportunity for the bench and bar to gather and discuss issues that matter to all of a court's stakeholders. That gathering has rarely been more important as courts seek to reestablish a sense of normalcy after COVID-19. The 21st Judicial Conference of the Court of International Trade (CIT or "the Court"), held in October 2022, was thus propitiously timed to allow the members of the Court to interact with members of the bar in a conference setting for the first time since before the pandemic. More than simply a post-Covid exercise, though, the conference also …

The Enforce And Protect Act: A Primer On The Administrative Cbp Process And Summary Of Judicial Decisions, Michael E. Roll, Ashley Akers

Vanderbilt Journal of Transnational Law

Enacted in 2015, the Enforce and Protect Act (EAPA)1 gives U.S. Customs & Border Protection (CBP) enhanced tools to enforce U.S. antidumping and countervailing duty (AD/CVD) laws and to protect US industry, which has complained for years that importers and foreign sellers were evading US AD/CVD orders.2 From the point of view of many in US industry, by the time CBP took enforcement action, violators would disappear and CBP would be unable to collect AD/CVD owed for products imported into the United States.3 As a result, US industry would contend that the intended effects of the AD/CVD order, namely, a …

Substantial Transformation: The Worst Rule For Determining Origin Of Goods - Except For All The Rest, John M. Peterson

Vanderbilt Journal of Transnational Law

Determining the origin of an imported product for purposes of assessing Customs duties has gained exceptional importance in recent years due to the imposition of "retaliatory" duties on Chinese goods pursuant to Section 301 of the Trade Act of 1974 and "national security" duties on steel and aluminum imports pursuant to Section 232 of the Trade Expansion Act of 1962. Although United States courts, eight decades ago, pronounced a rule of "substantial transformation" based on manufacturing or processing that results in the creation of a new article of commerce, having a name, character, or use different than its ingredients or …

The Emerging Jurisprudence Of The African Human Rights Court And The Protection Of Human Rights In Africa, John M. Mbaku

Vanderbilt Journal of Transnational Law

During most of the post-independence period, many African countries have either been unwilling or unable to protect human rights or relegated this important function to a small group of poorly funded but brave and courageous non-state actors. Most importantly, some African governments have either actively engaged in human rights violations or failed to bring to justice those who have committed atrocities against their fellow citizens. In the 1970s and 1980s, many African heads of state were more concerned with national sovereignty in an effort to hide the violation of human rights committed within their jurisdictions than participating in the building, …

So Far Yet So Close: Comparing Governing Laws In Arbitration Agreements Under English And Chinese Laws, King Fung Tsang, Weijie Lin

Vanderbilt Journal of Transnational Law

The governing law of arbitration agreements determines the validity of an arbitration agreement and equally the entire arbitration. However, there is huge disagreement around the world as to the appropriate choice-of-law rules for deciding this governing law, particularly between rules favoring the governing law of the underlying contract (represented by the English approach) and the curial law (represented by the Chinese approach). By comparing the choice-of-law rules of these two jurisdictions, the authors argue that this disagreement is futile and unnecessary because both jurisdictions’ choice-of-law rules are pro-validity in substance and likely lead to the arbitration agreement being upheld. There …

Two Countries In Crisis: Man Camps And The Nightmare Of Non-Indigenous Criminal Jurisdiction In The United States And Canada, Justin E. Brooks

Vanderbilt Journal of Transnational Law

Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous Women Crisis (MMIW Crisis). Indigenous communities in both countries often lack the jurisdiction to prosecute violent crimes committed by non-Indigenous offenders against Indigenous victims on Indigenous land. Extractive industries—businesses that establish natural resource extraction projects—aggravate the problem by establishing temporary housing for large numbers of non-Indigenous, primarily male workers on or around Indigenous land (“man camps”). Violent crimes against Indigenous …

A Private Bargaining And Efficient Breach Approach To The Problem Of Us-China Trade: Bringing A Non-Violation Case In The Wto, Daniel C.K. Chow, Ian M. Sheldon

Vanderbilt Journal of Transnational Law

When Joe Biden defeated Donald Trump to become president of the United States in 2020, many observers hoped that Biden would reset the troubled US-China trade relationship. The Trump administration had abandoned the rules-based approach to international trade of the World Trade Organization (WTO) and adopted a power-based approach instead. Using a power-based approach, the United States imposed or threatened sanctions if China did not dismantle its state-led economy and terminate the use of industrial subsidies to support its domestic industries. The United States also crippled the dispute settlement system of the WTO so that nations could not challenge US …