Vanderbilt Journal of Transnational Law articles

Recent articles from Vanderbilt Journal of Transnational Law

Enforcing human rights in U.S. courts and abroad: the Alien Tort Statute and other approaches.
January 1, 2009... The 2008 Jonathan I. Charney Lecture in International Law Presented at Vanderbilt University Law School on April 11, 2008 Thank you very much for that kind introduction. And thank you all for having me here at Vanderbilt. I'm delighted to have the opportunity to visit this great...

The Kosovo crisis: a Dostoievskian dialogue on international law, statecraft, and soulcraft.
January 1, 2009... ABSTRACT 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...

Fighting against biopiracy: does the obligation to disclose in patent applications truly help?
January 1, 2009... ABSTRACT In the global fight against biopiracy, one of the key issues is to prevent the grant and exploitation of patents on traditional knowledge and genetic resources by requiring that patent applicants for inventions involving traditional knowledge and genetic resources disclose the...

Avoid or compensate? Liability for incidental injury to civilians inflicted during armed conflict.
January 1, 2009... ABSTRACT 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...

Legal aspects of prior informed consent on access to genetic resources: an analysis of global lawmaking and local implementation toward an optimal normative construction.
January 1, 2009... ABSTRACT Since the Convention on Biological Diversity (CBD) has been in force, national implementation of the access to and benefit-sharing (ABS) requirement on genetic resources has been flourishing. A requirement of prior informed consent (PIC) by the people controlling access to...