Vanderbilt Journal of Transnational Law最新文献_第2页

Female Genital Mutilation and Designer Vaginas in Britain: Crafting an Effective Legal and Policy Framework 英国女性生殖器切割和设计阴道:制定有效的法律和政策框架

Vanderbilt Journal of Transnational Law Pub Date : 2014-08-16 DOI: 10.2139/SSRN.2481729

Lisa R. Avalos

{"title":"Female Genital Mutilation and Designer Vaginas in Britain: Crafting an Effective Legal and Policy Framework","authors":"Lisa R. Avalos","doi":"10.2139/SSRN.2481729","DOIUrl":"https://doi.org/10.2139/SSRN.2481729","url":null,"abstract":"The prevalence of female genital mutilation (FGM) in Britain and Europe has grown in recent years as a result of international migration, and European institutions have grown increasingly concerned with eradicating the practice. According to the European Parliament, approximately 500,000 girls and women living in Europe have undergone FGM and are suffering with the lifelong consequences of the procedure, and more than 30,000 girls in Britain are thought to be at risk of future FGM. Although Britain strengthened its law against FGM in 2003, the number of girls at risk continues to grow, and there have been no convictions for FGM in England and Wales. This Article examines Britain’s legal and policy approach to FGM, analyzing key gaps in British law that allow girls at risk to go unprotected, and giving a range of policy suggestions for closing these gaps. The Article also gives particular attention to the relationship between FGM and so-called “designer vagina” surgeries, addressing the double standard whereby FGM is prohibited by law while designer vagina surgery has been allowed to flourish. The Article concludes with legal and policy recommendations for increasing protection against FGM and for coordinating the approach to FGM and designer vagina surgery. In particular, it proposes a Model FGM law which is much more robust than Britain’s current FGM law and which provides additional opportunities to protect those at-risk and to prosecute those who facilitate or carry out FGM.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116592473","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Separation Anxiety? Rethinking the Role of Morality in International Human Rights Lawmaking 分离焦虑?重新思考道德在国际人权立法中的作用

Vanderbilt Journal of Transnational Law Pub Date : 2014-01-23 DOI: 10.2139/SSRN.2384179

V. Padmanabhan

引用次数: 0

Virtual Witness Confrontation in Criminal Cases: A Proposal to Use Videoconferencing Technology in Maritime Piracy Trials 刑事案件中的虚拟证人对抗:在海盗审判中应用视频会议技术的建议

Vanderbilt Journal of Transnational Law Pub Date : 2012-11-21 DOI: 10.31228/osf.io/p8ymn

Y. Dutton

引用次数: 5

Stateless in the United States: Current Reality and a Future Prediction 美国的无国籍者:当前的现实和未来的预测

Vanderbilt Journal of Transnational Law Pub Date : 2012-09-30 DOI: 10.2139/SSRN.2154470

Polly J. Price

{"title":"Stateless in the United States: Current Reality and a Future Prediction","authors":"Polly J. Price","doi":"10.2139/SSRN.2154470","DOIUrl":"https://doi.org/10.2139/SSRN.2154470","url":null,"abstract":"Statelessness exists in the United States, a fact that should be of concern to advocates of strict immigration control as well as those who favor a more welcoming policy. The predominant reasons for statelessness include the presence of individuals who are unable to prove their nationality as well as the failure of their countries of origin to recognize them as citizens. Migrants with unclear nationality, already a problem for the United States, obstruct efforts to control immigration by the deportation of unauthorized aliens. These existing problems of national identity will increase exponentially if birthright citizenship in the United States is amended to exclude the children of undocumented aliens. Contrary to common assumptions, proposed changes to U.S. citizenship law would exacerbate statelessness into the next generation when no fall-back nationality is available. Effective statelessness throughout the Western Hemisphere (documented in this paper) is currently an issue for the United States because of existing migration patterns. This paper also explains how the citizenship laws of other nations could produce statelessness at birth in the United States, if the US practice of territorial birthright citizenship is changed.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116485918","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Lexis Nexus Complexus: Comparative Contract Law and International Accounting Collide in the IASB-FASB Revenue Recognition Exposure Draft 比较合同法与国际会计在IASB-FASB收入确认征求意见稿中的碰撞

Vanderbilt Journal of Transnational Law Pub Date : 2012-08-31 DOI: 10.2139/SSRN.2139578

Kurt S. Schulzke, Gerlinde Berger-Walliser, Pier Luigi Marchini

{"title":"Lexis Nexus Complexus: Comparative Contract Law and International Accounting Collide in the IASB-FASB Revenue Recognition Exposure Draft","authors":"Kurt S. Schulzke, Gerlinde Berger-Walliser, Pier Luigi Marchini","doi":"10.2139/SSRN.2139578","DOIUrl":"https://doi.org/10.2139/SSRN.2139578","url":null,"abstract":"U.S. and international accounting-standard setters plan to launch a new, global revenue accounting standard, Revenue from Contracts with Customers, in 2013. Poised at the nexus of comparative contract law and international accounting, the proposal’s contract-based revenue recognition model creates new legal risks and opportunities for accountants, lawyers, clients, and financial statement users. Despite its focus on legally enforceable contracts, the proposed standard was drafted without input from the legal community. This Article models the proposal’s complex contract-analysis process, demonstrating that its revenue outcomes may vary materially because of seemingly minor interjurisdictional differences in law applicable to “open-price” contracts; offers practice pointers for attorneys, accountants, and auditors; recommends changes to the proposal, including the substitution of self-enforcing Nash equilibria for legally enforceable contracts; and encourages more collaboration between the legal and accounting professions in the joint deployment of legal and accounting expertise for better value creation, value allocation, and risk mitigation.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130182121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

State Immunity and Human Rights: Heads and Walls, Hearts and Minds 国家豁免与人权:头与墙，心与脑

Vanderbilt Journal of Transnational Law Pub Date : 2011-10-01 DOI: 10.2139/ssrn.3496713

R. O'keefe

{"title":"State Immunity and Human Rights: Heads and Walls, Hearts and Minds","authors":"R. O'keefe","doi":"10.2139/ssrn.3496713","DOIUrl":"https://doi.org/10.2139/ssrn.3496713","url":null,"abstract":"It is not unusual for natural persons alleging ill-treatment abroad at the hands of a foreign state in violation of some rule of international law pertaining to the humane treatment of individuals to attempt to sue that state for damages in the courts of another state. In nearly all such actions brought against the allegedly responsible foreign state as such or against its government or some organ thereof or against its serving or former officials for acts performed in their official capacity, the claim has been defeated by the defendant’s procedural plea of state immunity, an immunity from the jurisdiction of its courts which the forum state is generally obliged as a matter of international law to accord foreign states in respect of acts of an inherently sovereign nature. Nor, the article argues, is there much chance that many domestic courts or any international court will eventually side-step state immunity as it pertains to civil actions alleging internationally wrongful ill-treatment inflicted abroad or that many national governments will legislate or conclude a treaty to similar effect. The article submits that in principle this need not be seen as a bad thing. The rightful objects of opprobrium in such cases, and consequently those against which public campaigns for redress stand to have greater rhetorical purchase, are the foreign state that denies local or international remedies and the government of the state of nationality which makes no genuine effort to intercede with the allegedly responsible state on behalf of the victim.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126507281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 23

The Crisis of International Law 国际法的危机

Vanderbilt Journal of Transnational Law Pub Date : 2011-01-26 DOI: 10.1017/CBO9780511711916.005

R. Domingo

{"title":"The Crisis of International Law","authors":"R. Domingo","doi":"10.1017/CBO9780511711916.005","DOIUrl":"https://doi.org/10.1017/CBO9780511711916.005","url":null,"abstract":"This paper 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. We consider the fundamental problems of a state-based 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 construct of the nation-state, and its animating principles of sovereignty and over-dependence on territoriality. This inborn defect in the system, that of focusing on the nation-state, was imported wholesale into the United Nations system, ultimately rendering it incapable of meeting the basic security, social and economic needs of our world which longs for a true global community of persons. The nation-state paradigm, as well as the United Nations system, needs to be essentially and profoundly reformed. New institutions having real global power need to be set up to meet the requirements of our globalized world, especially as regards defending human rights from the incessant assault from both state and non-state actors.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123247634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

From Ideology to Pragmatism: China’s Position on Humanitarian Intervention in the Post-Cold War Era 从意识形态到实用主义:后冷战时期中国对人道主义干预的立场

Vanderbilt Journal of Transnational Law Pub Date : 2010-10-27 DOI: 10.1163/9789004249059_006

Jonathan E. Davis

引用次数: 36

Panacea or Pathetic Fallacy? The Swiss Ban on Minarets 灵丹妙药还是可悲的谬论?瑞士禁止宣礼塔

Vanderbilt Journal of Transnational Law Pub Date : 2010-04-24 DOI: 10.5167/UZH-93992

Lorenz Langer

{"title":"Panacea or Pathetic Fallacy? The Swiss Ban on Minarets","authors":"Lorenz Langer","doi":"10.5167/UZH-93992","DOIUrl":"https://doi.org/10.5167/UZH-93992","url":null,"abstract":"On November 29, 2009, Swiss voters adopted a ballot initiative introducing a constitutional ban on the construction of minarets. The supporters of the initiative had argued that minarets were not a religious symbol, but a token of power and conquest: banning them would halt the creeping Islamisation of Switzerland. The ban’s opponents had warned that the ballot initiative violated national and international provisions on non-discrimination and the free exercise of religion. This article provides a thick description of the context in which the minaret vote took place. First, a legal analysis addresses the implications of the ban under national, regional and international normative frameworks. It is argued that the ban is irreconcilable with the constitutional bill of rights and several international human right provisions. However, in contrast to state ballots in the United States, there is no judicial review of initiatives in Switzerland; respect for the vox populi trumps any concern over conflicting international obligations. A historical analysis will help to explain how, through its excessive emphasis on popular sovereignty, the peculiar myth-system underlying modern-time Switzerland has facilitated the banning of minarets. Mosques and minarets, however, also cause controversies elsewhere. The fears that fueled the prohibition of minarets in Switzerland are widespread in Europe. I set out how hostility to Islam is partly rooted in historical traditions, partly due to disagreement over how to integrate newcomers into Western society, and I suggest an approach that carefully balances expectations of Muslim adaption with a less exclusive construction of European identity.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128143577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 14

Taking Prevention Seriously: Developing a Comprehensive Response to Child Trafficking and Sexual Exploitation 重视预防:制定对贩卖儿童和性剥削的综合对策

Vanderbilt Journal of Transnational Law Pub Date : 2010-01-29 DOI: 10.2139/SSRN.1544301

J. Todres

{"title":"Taking Prevention Seriously: Developing a Comprehensive Response to Child Trafficking and Sexual Exploitation","authors":"J. Todres","doi":"10.2139/SSRN.1544301","DOIUrl":"https://doi.org/10.2139/SSRN.1544301","url":null,"abstract":"Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, efforts to date have been piecemeal and oriented toward dealing with exploitation of children after the harm occurs. This Article argues for refocusing efforts toward the development of a comprehensive, prevention-oriented strategy that addresses the root causes of these problems. The Article discusses how certain critical issues - (1) research/data; (2) program design; (3) the dominant principle guiding state responses; (4) stakeholder coordination; and (5) the interrelationship among rights - have been largely ignored in developing responses to child trafficking and commercial sexual exploitation. The Article suggests that, by focusing greater attention on these issues, governments and child advocates can develop more effective responses to the trafficking and commercial sexual exploitation of children and increase the likelihood that responses to these problems will help prevent such abuse of children.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117184901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 30