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In part as a result of the rise of international human rights mechanisms in the twentieth century, conflicts over resources, privileges and power are now increasingly mediated through the lens of human rights, in terms of the protection of individual or group rights. Given that many of the most significant and complex national and international challenges today center on fundamental questions of human rights, understanding the legal regime that governs these rights is an important part of a comprehensive legal education. This course serves as an introduction to the law, theory and practice of international human rights, together with the instruments, organizations and arrangements that affect their implementation and enforcement. It will explore human rights as a philosophical and legal concept, and briefly probe differences between human rights, civil rights, and development frames. The course will then focus on the legal regime through which sovereign states have established human rights instruments and doctrine as part of positive international law, sometimes with binding domestic legal effects. We will review the foundations and history of international human rights law; the major international and regional human rights instruments and institutions; mechanisms and strategies of enforcement; and selected current issues in the field. A limited number of students have the option to write a long research paper in lieu of the final exam with consent of instructor. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation, Exam or Research paper. This course is cross-listed with Human Rights ( HUMRTS 117) and International Policy ( INTLPOL 355). Advanced undergraduate and graduate students may request enrollment by sending a statement of interest to Professor Achiume (achiume@ law.stanford.edu). Requests will be reviewed on a rolling basis.

Bilateral investment treaties and other treaties with investment-related provisions have proliferated in recent decades, followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. We have also seen increasing scrutiny of inbound investment by national governments, as illustrated by the work of the Committee on Foreign Investment in the United States (CFIUS). This seminar will cover five broad areas: (I) the historical and policy origins of international investment agreements; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; (IV) current controversies over the legitimacy and desirability of ISDS; and (V) an introduction to CFIUS review in the United States. Students will make analytical presentations relating to the readings and write two reflection papers during the quarter. Elements used in grading: Class participation, attendance, oral presentations and reflection papers.

(Formerly Law 752) The establishment of a global system of international justice reveals that the promises made during the Nuremberg era are not mere history. Over the past decade, the international community has undertaken a considerable investment in enforcing international criminal law in conflict and post-conflict situations with the establishment of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, East Timor, Cambodia, and Lebanon. As these ad hoc institutions wind down, the International Criminal Court (ICC) has become fully functional, although it is plagued by challenges to its legitimacy, erratic state cooperation, and persistent perceptions of inefficacy and inefficiency. Moreover, the global commitment to international justice remains inconsistent as calls for criminal accountability for the situations in Sri Lanka, South Sudan, and Syria---among others---go unanswered. This intensive mini-course in the early September Term will introduce students to the law, institutions, and actors that constitute the system of international criminal justice and to the political environment in which it operates. The classroom component (offered at Stanford during the first week of the course) will undertake an elemental analysis of international crimes as they have evolved in international law and focus on the challenges of interpreting these norms in a criminal prosecution. Jurisprudence from the various international tribunals will be scrutinized with an emphasis on understanding the prosecution's burden, available defenses, and sources of proof. The course will culminate in a visit to The Hague in the second week of the course, during which time students will meet with principals from the tribunals, including prosecutors, judges, administrators, and members of the defense bar. In addition to the substance of international criminal law, this course will also serve as an introduction to international legal reasoning, law-making, and institutional design. It will complement existing courses at the Law School covering comparative law, international organizations, international human rights, and public international law. The course grade will be based on a series of short papers and active in-class engagement with the assigned materials. CONSENT APPLICATION: To apply for this course, students must complete and submit a Consent Application Form available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). See Consent Application Form for instructions and submission deadline.

This course provides a general introduction to international law and its role in today's complex and interdependent world. We will begin by considering foundational questions about the nature of international law, such as: the origins of international law in the sovereign equality of states; the global governance challenges arising from the absence of assured mechanisms for the interpretation or enforcement of international law; the sources of international law (including treaties and customary international law); the subjects of international law (including states, international organizations, "peoples," and in some respects individuals); the principles of state responsibility; and the bases upon which states may exercise jurisdiction. We will then examine the incorporation and operation of international law in the U.S. legal system. In the second half of the course, we will look at a series of contemporary international law topics and issues, including international dispute resolution, international human rights law, the law governing coercion and the use of armed force, the law of armed conflict, international environmental law, and international criminal law. Throughout, we will consider current issues and problems arising in the international arena, as well as whether and to what extent international law affects the behavior of states and other international actors. This course provides a general grounding in public international law and a foundation for more advanced or specialized international law courses. Elements used in grading: Class participation, optional midterm exam, and final exam. Cross-listed with International Policy ( INTLPOL 350).

The international trading system is going through a tempestuous period, largely due to U.S. policies that disregard many pre-existing international legal commitments. The economic rise of China, with its extensive industrial policies and numerous state-owned enterprises, has also posed substantial challenges for the trading system. This course will survey current developments in national and international trade law. Part of the course will focus on U.S. domestic law, including the separation of powers between the Congress and the President relating to trade, recent tariff wars, U.S. law regarding "unfair" trade practices such as dumping and foreign subsidization, and trade measures taken for "national security" reasons. The remainder of the course will focus on the law and policy of modern international trade agreements, including the treaty network of the World Trade Organization (WTO) and other important bilateral and plurilateral arrangements. Among other things, we will examine the relationship between international and domestic law, international enforcement and dispute settlement, potential tensions between international trade law and domestic regulation, and the challenges of integrating China into international trade agreements that were originally designed to orchestrate cooperation among market economies. Elements used in grading: Class participation, attendance and final exam.

This course is structured around a week-long, simulated negotiation exercise which provides an in-depth study of the structuring and negotiating of an international business transaction. This class will be taught in counterpart with a class at University of Vienna Law School. Students in this class will represent a U.S. pharmaceutical company, and the students in the class at Vienna will represent an African agricultural production company. The two companies are interested in working together to exploit a new technology developed by the pharmaceutical company that uses the cassava produced by the African agricultural production company. The form of their collaboration could be a joint venture, a licensing agreement or a long-term supply contract, or some combination. The negotiations between the two classes will take place through written exchanges and through real-time negotiation which will be conducted in-person. The purpose of the course is to provide students with an opportunity (i) to experience the sequential development of a business transaction over an extended negotiation, (ii) to study the business and legal issues and strategies that impact the negotiation, (iii) to gain insight into the professional and cultural dynamics of negotiating and structuring international business transactions, (iv) to learn about the role that lawyers and law play in these negotiations, (v) to give students experience in drafting communications, and (vi) to provide negotiating experience in a context that replicates actual legal practice with an unfamiliar opposing party. Students will also learn about the legal and business issues that may arise in joint ventures, supply agreements and licensing agreements. The thrust of this course is class participation and active involvement in the negotiations process. Students are expected to spend time outside of class, working in teams, to prepare for class discussions involving the written exchanges, as well as preparing for the live negotiations. Class discussions will focus on the strategy for, and progress of, the negotiations, as well as the substantive legal, business and policy matters that impact on the negotiations. The course will be limited by consent to eight (8) students. Prerequisites: A course in basic negotiations (e.g., Law 7821) or comparable prior experience is recommended. Elements used in grading: Class participation, written assignments and final paper. There will be two preparatory sessions at Stanford during February and March 2018. Students in the class will travel to Vienna on or before Saturday, March 24th. Class sessions will begin on Sunday afternoon, March 25, and continue all day Monday, March 26 through Wednesday, March 28th. [Cultural tour and closing dinner on Thursday, March 29th, and depart for USA on Friday, March 30th.]

This seminar provides a critical introduction to the institutions and actors that comprise the Japanese legal system. Throughout the seminar, law is examined within the broader context of Japanese social, political, and economic institutions. Topics covered include the legal profession, constitutional law, dispute resolution, criminal law, family law, employment law, and corporate law. Leading scholarly commentaries on law's role in Japanese society are also examined and critiqued. Thematically, the course offers an extended exploration of the "transplantation" of foreign law and the role of law in Japan's social structure and economic development. All readings and instruction are in English. Japanese language ability and knowledge of Japan are not required. Elements used in grading: Class Participation, Short Written Assignments, and Final Paper.

(Formerly Law 582) The course has two main goals: to introduce students to the civil law tradition and to gain an understanding of the ways in which the law is practiced and lived in Latin American and Spain. Special attention is given to law firms, courts and legal education. The course will be especially useful for those expecting to have contact with Latin American countries or Spain in their practice of law and for those interested in comparative law or Latin American studies. All required readings are in English. In addition, students may review and present elective readings in Spanish and Portuguese. The ability to read in these languages is appreciated but not required. Elements used in grading: Class Participation, Written Assignments, Final Paper.

This course will cover readings on the relationship between legal institutions and economic development across different countries. Some topics are set by the instructor, while others arise depending on the interests of students as they develop their paper topics. Topics in the past have included the role of legal and colonial origins, rights in property and contract, natural resources, political stability, governance/corruption, and social and economic rights. Readings will emphasize both broad themes and policy in these areas, with a special emphasis on considering varieties of evidence, including case studies, comparative history, statistical studies with observational data, and field experiments. No prior background in empirical methods is necessary or required. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Attendance, Class Participation; Written Assignments or Final Research Paper.