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261 - 270 of 460 results for: LAW

LAW 5009: International Conflict Resolution

This seminar examines the challenges of managing and resolving intractable political and violent intergroup and international conflicts. Employing an interdisciplinary approach drawing on social psychology, political science, game theory, and international law, the course identifies various tactical, psychological, and structural barriers that can impede the achievement of efficient solutions to conflicts. We will explore a conceptual framework for conflict management and resolution that draws not only on theoretical insights, but also builds on historical examples and practical experience in the realm of conflict resolution. This approach examines the need for the parties to conflicts to address the following questions in order to have prospects of creating peaceful relationships: (1) how can the parties to conflict develop a vision of a mutually bearable shared future; (2) how can parties develop trust in the enemy; (3) how can each side be persuaded, as part of a negotiated settleme more »
This seminar examines the challenges of managing and resolving intractable political and violent intergroup and international conflicts. Employing an interdisciplinary approach drawing on social psychology, political science, game theory, and international law, the course identifies various tactical, psychological, and structural barriers that can impede the achievement of efficient solutions to conflicts. We will explore a conceptual framework for conflict management and resolution that draws not only on theoretical insights, but also builds on historical examples and practical experience in the realm of conflict resolution. This approach examines the need for the parties to conflicts to address the following questions in order to have prospects of creating peaceful relationships: (1) how can the parties to conflict develop a vision of a mutually bearable shared future; (2) how can parties develop trust in the enemy; (3) how can each side be persuaded, as part of a negotiated settlement, to accept losses that it will find very painful; and (4) how do we overcome the perceptions of injustice that each side are likely to have towards any compromise solution? We will consider both particular conflicts, such as the Israeli-Palestinian conflict and the South African transition to majority rule, as well as cross-cutting issues, such as the role international legal rules play in facilitating or impeding conflict resolution, the ways intragroup dynamics affect intergroup conflict resolution efforts, and the role of transitional justice mechanisms to address atrocities following civil wars. Special Instructions: Section 01: Grades will be based on class participation, written assignments, and a final exam. Section 02: Up to five students, with consent of the instructor, will have the option to write an independent research paper for Research (R) credit in lieu of the written assignments and final exam for Section 01. After the term begins, students (max 5) accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. This class is limited to 20 students, with an effort made to have students from SLS (12 students will be selected by lottery) and eight non-law students by consent of instructor. This class is cross-listed with International Policy ( INTLPOL 250) and Psychology ( PSYCH 383).
Terms: Win | Units: 2
Instructors: Weiner, A. (PI)

LAW 5010: International Human Rights

This course offers an introduction to the theory and practice of human rights. We will examine major sources of international human rights law---including treaties, customary international law, and national law---as well as the institutions in which human rights are contested, adjudicated, and enforced. Key situses of human rights activity include multilateral organizations, like the United Nations Security Council and Human Rights Council; international, regional, and national courts and tribunals; and quasi-judicial treaty bodies, like the U.N. Committee Against Torture. This degree of jurisdictional redundancy offers an opportunity to explore questions of institutional design and interaction as well as processes of normative diffusion. The course will also consider the role of non-state actors---including non-governmental organizations, corporations, terrorist organizations, and ordinary individuals---in promoting and violating human rights. In addition to this survey of the human r more »
This course offers an introduction to the theory and practice of human rights. We will examine major sources of international human rights law---including treaties, customary international law, and national law---as well as the institutions in which human rights are contested, adjudicated, and enforced. Key situses of human rights activity include multilateral organizations, like the United Nations Security Council and Human Rights Council; international, regional, and national courts and tribunals; and quasi-judicial treaty bodies, like the U.N. Committee Against Torture. This degree of jurisdictional redundancy offers an opportunity to explore questions of institutional design and interaction as well as processes of normative diffusion. The course will also consider the role of non-state actors---including non-governmental organizations, corporations, terrorist organizations, and ordinary individuals---in promoting and violating human rights. In addition to this survey of the human rights ecosystem, the course will engage some of the fundamental theoretical debates underlying the international human rights project with a focus on perennial questions of legitimacy, justiciability, compliance, and efficacy. Finally, we will explore a range of threats and challenges to the promotion of human rights---both perennial and novel---including economic under-development, terrorism, national security over-reach, patriarchy, and racism. We will read case law originating from all over the world, including the United States. Special Instructions: 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: Class participation; exam or final long research paper. Cross-listed with International Policy ( INTLPOL 355).
Terms: Win | Units: 3

LAW 5011: International Investment Law

The past few decades have seen a dramatic increase in the number of bilateral investment treaties and other treaties with investment-related provisions, followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. This course will cover four broad areas: (I) the historical and policy origins of international investment law; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; and (IV) current controversies over the legitimacy and desirability of ISDS. The course uses materials from international investment treaty texts, case law, and commentaries to enable students to evaluate and apply legal doctrine to future situations. Students will produce a variety of writing assignments such as case commentaries and short "briefs," and will serve as discussion facilitators along with the instructors. 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: Class participation, attendance and paper(s).
Terms: Spr | Units: 3
Instructors: Sykes, A. (PI)

LAW 5012: International Criminal Justice

(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 introduc more »
(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.
Last offered: Autumn 2018

LAW 5013: International Law

This course provides a general introduction to international law and its role in today's complex and interdependent world. We will begin by considering fundamental questions about the nature of international law, such as: the origins of international law in the sovereign equality of states; the sources of international law (including treaties and customary international law); the subjects of international law; principles of state responsibility; the bases upon which states may exercise jurisdiction; and the global governance challenges arising from the absence of assured mechanisms for the interpretation or enforcement of international law. We will then examine the 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, more »
This course provides a general introduction to international law and its role in today's complex and interdependent world. We will begin by considering fundamental questions about the nature of international law, such as: the origins of international law in the sovereign equality of states; the sources of international law (including treaties and customary international law); the subjects of international law; principles of state responsibility; the bases upon which states may exercise jurisdiction; and the global governance challenges arising from the absence of assured mechanisms for the interpretation or enforcement of international law. We will then examine the 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 and the extent to which international law affects the behavior of states. 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 paper, and final exam. Cross-listed with International Policy ( INTLPOL 350).
Terms: Spr | Units: 4
Instructors: Weiner, A. (PI)

LAW 5014: International Trade Law

This course will survey the law and policy of the World Trade Organization and related legal arrangements such as NAFTA, as well as national laws regarding "unfair" international trade practices. Topics will include the political economy of the treaty framework, tariff wars, the relationship between international and domestic law, bilateralism versus multilateralism, the WTO dispute resolution system and its current challenges, nondiscrimination obligations in international trade, the interface between international trade law and domestic environmental/health/safety regulation and controversies relating to these issues, subsidies in international trade, antidumping law, trade in services, and national security issues. Any student may write a 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: Class participation, attendance and final exam or research paper.
Terms: Spr | Units: 3
Instructors: Sykes, A. (PI)

LAW 5015: International Dealmaking: Vienna Field Negotiation

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 ( more »
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.]
Last offered: Winter 2018

LAW 5016: Japanese Law, Society and Economy

This course provides a critical introduction to the institutions and actors that comprise the Japanese legal system. Throughout the course, law is examined within the broader context of Japanese social, political, and economic institutions. Topics covered include the legal profession, constitutional law, dispute resolution, family law, employment law, and corporate law. Leading scholarly commentaries on law's role in Japanese life 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: Attendance, Class Participation, Written Assignment, and Final Exam.
Last offered: Winter 2019

LAW 5017: Law in Latin America

(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.
Last offered: Autumn 2016

LAW 5018: Legal Institutions and Global Economic Development

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.
Last offered: Autumn 2016
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