International Law
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Join Philip Bobbitt, one of the nation's leading constitutional theorists and the Thomas C. Macioce Professor of Law at Columbia University, as he discusses topics related to his forthcoming book, Terror and Consent: The Wars for the 21st Century.

Bobbitt will bring together historical, legal, and strategic analyses to understand the idea of a "war on terror." Does it make sense? What are its historical antecedents? How would such a war be "won"? What are the appropriate doctrines of constitutional and international law for democracies in such a struggle? At stake is whether we can maintain states of consent in the twenty-first century or whether the dominant constitutional order will be that of states of terror.

This event is co-sponsored by CISAC and the Stanford Constitutional Law Center.

Stanford Law School
Room 290

Philip Bobbitt Thomas C. Macioce Professor of Law Speaker Columbia University
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The Iran-United States Tribunal has recently celebrated its 25th anniversary. Although it has resolved all of the cases brought by private claimants, it is still likely to be many more years before the Tribunal is able to complete the remaining government-to-government cases on its docket. There are multiple reasons why so much time will be required: the pending cases are extremely complex, the governments brief them slowly, and the Tribunal's decision-making process itself is slow. There does not for the foreseeable future appear to be an alternative to continued litigation, because the prospects of a global settlement of the remaining claims before the Tribunal are remote. The parties face challenges in developing reasonable assessments of the legal and economic costs and benefits of settlement. Beyond this, the strained political relations between the United States and Iran would make even a legally and economically rationale settlement extremely difficult to achieve. The challenge facing the Tribunal in the remaining years of its existence, in which the Iran and United States are the only parties before it, is to continue to decide cases in a principled fashion on the basis of the law and the facts, and to resist the temptation to reach compromise decisions in the interests of political expediency.

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Law and Practice of International Courts and Tribunals
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Allen S. Weiner
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The Institute welcomes five new full-time faculty and two distinguished visitors in the current academic year. The latest additions represent consolidation of ongoing programs, such as those in homeland security and international relations and expansion of its research agenda into Asian comparative healthcare and issues in contemporary Europe.

Below are brief profiles of FSI's new faculty, all of whom have offices in Encina Hall.

Martha Crenshaw--FSI Senior Fellow, CISAC

Formerly a professor of government at Wesleyan University, Martha Crenshaw has a distinguished record of scholarship and policy engagement in the area of terrorism studies. Her early work on the National Liberation Front in Algeria 30 years ago made seminal contributions to the understanding of terrorist psychology and organizational structure, themes that are helping to animate the agenda for future research in the field. Her work with the U.S. Department of State and the intelligence community in the wake of 9/11 has played an important role in a major Department of Homeland Security grant she brought to Stanford this year.

Karen Eggleston--FSI Center Fellow, Shorenstein APARC and CHP/PCOR

Karen Eggleston joined Stanford from Tufts as an Asian comparative healthcare scholar whose work focuses on health systems and design incentives, especially in lower- and middle-income countries. She has co-authored Welfare, Choice and Solidarity in Transition: Reforming the Health Sector in Eastern Europe with esteemed economist János Kornai, which has been translated into Chinese, Vietnamese, Polish, and Hungarian. Her current research examines the Chinese healthcare system and how ownership factors affect hospital performance.

Siegfried S. Hecker--FSI Senior Fellow, Professor (Research), Management Science and Engineering, and Co-director, CISAC

Director emeritus of the Los Alamos National Laboratory, material scientist Sig Hecker became CISAC's co-director in early 2007. His research interests include plutonium science, nuclear weapons policy and international security, nuclear security, including nonproliferation and counter terrorism, and cooperative nuclear threat reduction. Over the past 15 years, he has fostered cooperation with the Russian nuclear laboratories to secure and safeguard the vast stockpile of ex-Soviet fissile materials.

Josef Joffe--FSI Senior Fellow, Forum on Contemporary Europe, and the Marc and Anita Abramowitz Fellow, Hoover Institution

A journalist-scholar and publisher-editor of the German weekly Die Zeit, Joe Joffe is in residence at Stanford during fall quarter. His work focuses on U.S.-Europe relations, and is noteworthy for its ability to bridge the worlds of journalism, academics, and policy analysis. He serves on several editorial boards and is a member of the International Institute for Strategic Studies. His work has been acclaimed through a number of awards, including Germany's Theodor Wolff Prize.

Phillip Lipscy--FSI Center Fellow and Assistant Professor, Political Science

Just completing his PhD in government at Harvard, Phillip Lipscy joins Stanford as a jointly held appointment in political science and FSI. His research focuses on international relations in Asia with particular attention to the domestic sources of foreign policy conduct. He is a comparativist with training in international relations, a rarity in the field of contemporary Japanese politics. He is bicultural, having grown up in Japan, and his foreign policy interests encompass the entire East Asia region.

William Howard Taft IV--The Warren Christopher Visiting Professor of International Law and Diplomacy, FSI and the Stanford Law School

Will Taft will be in residence at FSI and the Law School during the 2007-08 academic year as a visiting scholar and teaching Contemporary Issues in International Law and Diplomacy and Foreign Relations Law. Taft has held several private and public positions, including appointments at the Federal Trade Commission, Office of Management and Budget, and U.S. Department of Health, Education and Welfare. In 1981, he became general counsel to the Department of Defense followed by an appointment as the Deputy Secretary of Defense in 1984. Taft also served as U.S. ambassador to NATO and the U.S. Department of State's legal advisor, the highest legal position in the department. Taft is currently counsel in the office of Fried Frank Harris Shriver & Jacobson.

Alejandro Toledo--FSI Distinguished Payne Lecturer, CDDRL

Having overcome extreme childhood poverty, Alejandro Toledo became the first Peruvian president of indigenous descent to be democratically elected in 500 years. During his presidency, the Peruvian economy registered one of the fastest growing economies in Latin America. The central aim of his presidency was the fight against poverty through health and educational investment. Toledo will be in residence at CDDRL during the 2007-08 academic year. His work will be showcased in a series of talks, workshops, and other activities as part of his Payne lectureship.

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Hoover Institution
Stanford, CA 94305

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Affiliate - Southeast Asia Forum
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JD, PhD

John D. Ciorciari was a Shorenstein Postdoctoral Fellow at Shorenstein APARC for 2007-2008.  Dr. Ciorciari will remain at Stanford for the academic year 2008-09 as a National Fellow of the Hoover Institution. His current research centers on the alignment policies of small states and middle powers in the Asia-Pacific region. He focuses particularly on the phenomenon of "hedging," whereby secondary states pursue a balance of security and autonomy vis-a-vis the great powers.

Dr. Ciorciari also has interests in international human rights law and international finance. Before coming to Stanford, he served as Deputy Director of the Office of South and Southeast Asia at the U.S. Treasury Department. He has published articles on the reform of the Bretton Woods institutions and is currently undertaking a project on financial cooperation in East Asia.

In addition, he serves as a Senior Legal Advisor to the Documentation Center of Cambodia, which assists the Khmer Rouge tribunal and conducts research into the history of Democratic Kampuchea. He has published a range of scholarly works on international criminal law and the Khmer Rouge accountability process.

Dr. Ciorciari received an AB and JD from Harvard, where he was editor-in-chief of the Harvard International Law Journal. He received his MPhil and DPhil from Oxford, where he was a Fulbright Scholar and Wai Seng Senior Research Scholar.

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Weitseng Chen, a Fulbright scholar, will receive his JSD from Yale Law School in October 2007. His recent research focuses on China's foreign direct investment and property rights transition, the economic behaviors of ethnic foreign investors in China, and a China-Taiwan comparison on their rule of law transition. Prior to his Yale education, Chen practiced law in Taiwan in diverse fields such as Internet and information technology industry, the private sector and public interest affairs, governmental reforms, and international NGO affairs.

Weitseng Chen's recent publications include "East Asian Model and Rule of Law (with Randall Peerenboom, a to be published book chapter)", "WTO: Time's Up for Chinese Banks - China's Banking Reform and Non-Performing Loans Disposal" (Chicago Journal of International Law), "State, Market, and the Law: Law and Development in Taiwan" (Chinese) (Journal of the Humanities & Social Science), and a book titled Law and Economic Miracle: Interaction between Taiwan's Economic Development and Economic & Trade Laws after WWII. (Chinese).

Encina Ground Floor Conference Room

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CDDRL Hewlett Fellow 2007-2008
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J.S.D.

Weitseng Chen, a Fulbright scholar, will receive his JSD from Yale Law School in October 2007. His recent research focuses on China's foreign direct investment and property rights transition, the economic behaviors of ethnic foreign investors in China, and a China-Taiwan comparison on their rule of law transition. Prior to his Yale education, Chen practiced law in Taiwan in diverse fields such as Internet and information technology industry, the private sector and public interest affairs, governmental reforms, and international NGO affairs.

Weitseng Chen's recent publications include "East Asian Model and Rule of Law (with Randall Peerenboom, a to be published book chapter)", "WTO: Time's Up for Chinese Banks - China's Banking Reform and Non-Performing Loans Disposal" (Chicago Journal of International Law), "State, Market, and the Law: Law and Development in Taiwan" (Chinese) (Journal of the Humanities & Social Science), and a book titled "Law and Economic Miracle: Interaction between Taiwan's Economic Development and Economic & Trade Laws after WWII." (Chinese).

Weitseng Chen Hewlett Fellow Speaker CDDRL
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CDDRL Hewlett Fellow 2007-2008
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J.S.D.

Weitseng Chen, a Fulbright scholar, will receive his JSD from Yale Law School in October 2007. His recent research focuses on China's foreign direct investment and property rights transition, the economic behaviors of ethnic foreign investors in China, and a China-Taiwan comparison on their rule of law transition. Prior to his Yale education, Chen practiced law in Taiwan in diverse fields such as Internet and information technology industry, the private sector and public interest affairs, governmental reforms, and international NGO affairs.

Weitseng Chen's recent publications include "East Asian Model and Rule of Law (with Randall Peerenboom, a to be published book chapter)", "WTO: Time's Up for Chinese Banks - China's Banking Reform and Non-Performing Loans Disposal" (Chicago Journal of International Law), "State, Market, and the Law: Law and Development in Taiwan" (Chinese) (Journal of the Humanities & Social Science), and a book titled "Law and Economic Miracle: Interaction between Taiwan's Economic Development and Economic & Trade Laws after WWII." (Chinese).

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David Hults is a Research Affiliate at Stanford University's Program on Energy and Sustainable Development (PESD).  His areas of academic interest include the role of energy in the developing world, climate change, and Latin American law.  From 2008 to 2009, David served as a Postdoctoral Fellow at PESD.  David received a J.D. with distinction from Stanford Law School in 2008, where he was Senior Editor for the Stanford Law Review and Senior Articles Editor for the Stanford Journal of International Law.  Before coming to Stanford, David worked on Latin American economic issues at the U.S. Department of State for more than three years.  David previously earned a B.A. in International Studies from the University of Florida and an M.A. in International Relations from Yale University. 

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Thoroughly updated to keep pace with the many new developments in international law, the Fifth Edition of this popular casebook covers the core topics, basic doctrines, and a broad range of foreign policy issues relevant to the contemporary public international law course. Reflecting the many recent developments in this area of the law, the Fifth Edition features SCICN Co-Director Allen S. Weiner as a new co-author who brings extensive first-hand knowledge of international legal institutions.
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The current boom of investment arbitration under NAFTA as well as ICSID and other arbitral regimes has demonstrated that the enforcement of treaty obligations has become a standard feature of international law in this particular field of international economic law. The increased probability of actual enforcement of international standards of investment protection is generally welcomed in a system, such as the international legal order, which normally suffers from rather weak enforcement structures. At the same time, the proliferation of investment dispute settlement mechanisms bears its own risks. The concurrent availability of different investment dispute settlement mechanisms may lead to parallel proceedings or to the re-litigation of already decided cases. The CME/Lauder v. Czech Republic arbitrations where the same dispute was arbitrated under two different bilateral investment agreements and the CMS v. Argentina and the LG&E v. Argentina cases where similar issues were addressed demonstrate the inherent danger of a multiplication of procedures if the answers found by different tribunals are contradictory. The proliferation of investment disputes has broader structural implications which need to be addressed in order to secure the viability of this system of international arbitration.

August Reinisch is professor of public international law and European law at the University of Vienna. From 2004 to 2006 he served as Dean for International Relations of the Law School of the University of Vienna. He is also a professional lecturer at the Bologna Center/SAIS of Johns Hopkins University. He currently serves as arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund Law 2001 and as president of an UNCITRAL investment arbitration.

He holds Master's degrees in philosophy (1990) and in law (1988) as well as a doctorate in law (1991) from the University of Vienna and an LL.M. (1989) from NYU Law School. He is admitted to the Bar of New York and Connecticut (since 1990).

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August Reinisch Speaker University of Vienna School of Law, Section Program on International Investment Law in International Arbitral Practice
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Thoroughly updated to keep pace with the many new developments in international law, the Fifth Edition of this popular casebook covers the core topics, basic doctrines, and a broad range of foreign policy issues relevant to the contemporary public international law course.

Proven in the classroom, clearly organized, and with a distinctively accessible style, International Law offers

  • a comprehensive and effective blend of current issues and materials with basic international law principles and concepts
  • a balanced combination of relevant cases, excerpts, notes, questions, and other interdisciplinary materials representing a variety of perspectives and disciplines
  • an analysis of the relationship between international and domestic law and public and private law
  • treatment of such substantive topics as International Dispute Resolution, Criminal Law, Human Rights, Environmental Law, and the Use of Force
  • a complete teaching package, including a Teacher's Manual and a biannual Document Supplement
  • Reflecting the many recent developments in this area of the law, the Fifth Edition features:
  • a new co-author, Allen S. Weiner, who brings extensive first-hand knowledge of international legal institutions
  • a new chapter on International Criminal Law that includes current materials on extradition and rendition, the international crimes of genocide, crimes against humanity, grave breaches of the Geneva Conventions, torture, and the emergence of international tribunals, including the International Criminal Court
  • new cases, including Hamdan v. Rumsfeld, Sanchez-Llamas v. Oregon, Sosa v. Alvarez-Machain, American Insurance Assoc. v. Garamendi, Republic of Austria v. Altmann, Case Concerning Israel s Construction of a Wall in the Occupied Palestinian Territories (International Court of Justice), and Prosecutor v. Krstic (International Criminal Tribunal for the Former Yugoslavia)
  • an updated case study in Chapter 1 on the international law and policy implications of the September 11 attacks and the U.S. and world response to the attacks and to terrorism in general, with other materials on the war on terrorism throughout the book
  • expanded treatment of active areas of litigation, including the Alien Tort Statute and suits against foreign government officials and state agencies
  • an extensive updating of the European Union sections, including the implications of the addition of twelve new member states and the failure to pass the new Constitution
  • major revisions to the environmental law chapter that reflect the rapid developments in this area e.g., the Kyoto Protocol and efforts to combat global warming

Table of Contents

  1. What Is International Law?
  2. The Creation of International Norms Treaties, Customary Law, International Organizations, and Private Norm-Creation
  3. International Law in the United States
  4. International Dispute Resolution
  5. States and Other Major International Entities
  6. Foreign Sovereign Immunity and the Act of State Doctrine
  7. Allocation of Legal Authority Among States
  8. International Human Rights
  9. Law of the Sea
  10. International Environmental Law
  11. Use of Force and Arms Control
  12. International Criminal Law
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Aspen Publishers
Authors
Barry E. Carter
Phillip R. Trimble
Allen S. Weiner
Number
0735562784
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