Stanford University

Negotiation

Introduction: Reviewing the Nuclear Posture Review

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Abstract

The Obama administration has argued that its efforts to reduce the role of nuclear weapons in US defense policy and work toward “a world free of nuclear weapons” will encourage other governments to strengthen the nuclear nonproliferation regime and support global nuclear disarmament. Does the evidence support this assertion? This essay describes the changes in US nuclear weapons and disarmament policies initiated by the Obama administration and outlines four potential pathways through which the United States might influence other governments' policies: by reducing nuclear threat perceptions, by changing global beliefs about what constitutes “responsible” nuclear behavior, by impacting domestic debates about disarmament in foreign capitals, and by creating new diplomatic negotiation dynamics.

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The Nonproliferation Review
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Scott D. Sagan
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Negotiation and Strategy: Understanding Sanctions Effectiveness

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Despite extensive and ongoing debate about economic sanctions, policy makers disagree about their effectiveness. This is to some extent surprising given the frequency and ceremony with which states sanction each other to achieve their policy goals. Analytically, this confusion is understandable; the multitude of factors that influence the outcome of a conflict involving sanctions confounds the task of evaluating the impact of sanctions.

Ongoing efforts by the United States and the United Nations to influence proliferators and human rights violators, such as Iran, North Korea, Sudan, and Burma with sanctions suggest that they will remain a preferred policy tool for the major powers. In that light, it is essential to continue honing our understanding of the conditions under which they can be expected to achieve established policy goals.

This paper advances the debate about sanctions efficacy by assessing their role in a broader conflict management strategy. It argues that sanctions are more likely to succeed when they yield conditions conducive to bargaining between the parties to a dispute. The centrality of bargaining means that if sanctioners are unwilling to compromise over major policy goals, sanctions alone are unlikely to succeed. Therefore, countries aiming to achieve policy goals through sanctions must be prepared to engage, negotiate and compromise with their adversaries.

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NYU Center on International Cooperation
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Weighing the Case For a Convention to Limit Cyberwarfare

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The United States must take steps to protect its critical national infrastructure against serious cyberattack. One step might be to negotiate a multilateral convention to limit such attacks by states, which are the most likely source of an attack at the level of greatest concern. Although verification of compliance would be difficult, the convention in and of itself might be worthwhile for its norm-setting value, to be a restraining factor in the offensive decisions of other states, and as a necessary step in obtaining fuller international cooperation in controlling the general cyberthreat.

On the other hand, the U.S. military believes that cyberattack in its own hands may be an important addition to its war-making capacity. It may be unwilling to limit that capacity, particularly as the understanding of cyberwarfare potential is still being formed.

Balancing these conflicting objectives will require a full debate and executive decision. This process will have to be carried out by a special high-level government group because of the sensitive and fragile nature of certain aspects of the information involved.

One model of a convention that could serve as a starting point would commit the parties to no-first-use of cyberattack directed at elements of another party's critical infrastructure if the disruption from that attack was intended to be widespread, long-lasting, or severe. One reason for these thresholds is to differentiate continuing, manageable lower-level attacks from those that constitute a serious violation by a state-party. All the terms in this commitment could be defined in an Understanding Annex, as in the ENMOD Convention, and would be the subject of negotiation. The convention would also preclude assistance to others in conducting prohibited attacks.

Because the cyberthreat is evolving rapidly and is difficult to define, any proposed solution is very unlikely to address the problem effectively for the long term or perhaps even the medium term. On the other hand, it may be important to constrain this form of warfare in the relatively early stages of its development. The type of limited convention described in this article strikes an appropriate balance by establishing some important initial parameters that could serve as the basis for more comprehensive agreements in the future.

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Arms Control Today
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Nuclear Power Without Nuclear Proliferation?

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The global nuclear order is changing. Concerns about climate change, the volatility of oil prices, and the security of energy supplies have contributed to a widespread and still-growing interest in the future use of nuclear power. Thirty states operate one or more nuclear power plants today, and according to the International Atomic Energy Agency (IAEA), some 50 others have requested technical assistance from the agency to explore the possibility of developing their own nuclear energy programs. This surge of interest in nuclear energy - labeled by some proponents as ‘the renaissance in nuclear power' - is occurring simultaneously with mounting concerns about the healthy of the nuclear nonproliferation regime, the regulatory framework that constrains and governs the world's civil and military- related nuclear affairs. The question then arises: is it possible to have nuclear power without nuclear proliferation? The answer is not clear, for the technical, economic, and political factors that will determine whether future generations will have more nuclear power without more nuclear proliferation are exceedingly complex and interrelated. Dr. Sagan will outline the current state of nuclear power and nuclear proliferation, before examining the weaknesses and promise of existing research on the subject. He argues that a key aspect of ensuring a safe nuclear future will be the strengthening of the NPT through "shared responsibility" for disarmament.

Scott Sagan is a professor of political science and co-director of Stanford's Center for International Security and Cooperation. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as a special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon. He has also served as a consultant to the office of the Secretary of Defense and at the Sandia National Laboratory and the Los Alamos National Laboratory.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989), The Limits of Safety: Organizations, Accidents, and Nuclear Weapons (Princeton University Press, 1993), and with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: A Debate Renewed (W.W. Norton, 2002). He is the co-editor of Peter R. Lavoy, Scott D. Sagan, and James L. Wirtz, Planning the Unthinkable (Cornell University Press, 2000) and the editor of Inside Nuclear South Asia (Stanford University Press, 2009). His most recent publications include "The Case for No First Use," Survival (June 2009) and "Good Faith and Nuclear Disarmament Negotiations" in George Perkovich and James A. Acton (eds.) Abolishing Nuclear Weapons: A Debate (Carnegie Endowment, 2009).

Allen S. Weiner is senior lecturer in law and co-director of the Stanford Program in International Law at Stanford Law School. He is also the co-director of the Stanford Center on International Conflict and Negotiation. His expertise is in the field of public international law and the foreign relations law of the United States. He is a seasoned international lawyer with experience in such wide-ranging fields as national security law, the law of war, international dispute resolution, and international criminal law. His current scholarship focuses on international law and the response to the contemporary security threats of international terrorism and the proliferation of weapons of mass destruction. For more than a decade he practiced international law in the U.S. Department of State, serving as an attorney-adviser in the Office of the Legal Adviser and as legal counselor at the U.S. Embassy in The Hague. In those capacities, he advised government policy-makers, negotiated international agreements, and represented the United States in litigation before the Iran-United States Claims Tribunal and the International Court of Justice. He teaches courses in public international law, international conflict resolution, and international security matters at Stanford Law School. He received a BA from Harvard College and a JD from Stanford Law School.

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Scott D. Sagan

CISAC
Stanford University
Encina Hall, E202
Stanford, CA 94305-6165

(650) 725-2715 (650) 723-0089
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The Caroline S.G. Munro Professor of Political Science
The Bass University Fellow in Undergraduate Education  
Senior Fellow, Freeman Spogli Institute for International Studies
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Scott D. Sagan is Co-Director and Senior Fellow at the Center for International Security and Cooperation, the Caroline S.G. Munro Professor of Political Science, and the Bass University Fellow in Undergraduate Education at Stanford University. He also serves as Co-Chair of the American Academy of Arts and Sciences’ Committee on International Security Studies. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989); The Limits of Safety: Organizations, Accidents, and Nuclear Weapons (Princeton University Press, 1993); and, with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: An Enduring Debate (W.W. Norton, 2012). He is the co-editor of Insider Threats (Cornell University Press, 2017) with Matthew Bunn; and co-editor of The Fragile Balance of Terror (Cornell University Press, 2022) with Vipin Narang. Sagan was also the guest editor of a two-volume special issue of Daedalus: Ethics, Technology, and War (Fall 2016) and The Changing Rules of War (Winter 2017).

Recent publications include “Creeds and Contestation: How US Nuclear and Legal Doctrine Influence Each Other,” with Janina Dill, in a special issue of Security Studies (December 2025); “Kettles of Hawks: Public Opinion on the Nuclear Taboo and Noncombatant Immunity in the United States, United Kingdom, France, and Israel”, with Janina Dill and Benjamin A. Valentino in Security Studies (February 2022); “The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine” with Allen S. Weiner in International Security (Spring 2021); “Does the Noncombatant Immunity Norm Have Stopping Power?” with Benjamin A. Valentino in International Security (Fall 2020); and “Just War and Unjust Soldiers: American Public Opinion on the Moral Equality of Combatants” and “On Reciprocity, Revenge, and Replication: A Rejoinder to Walzer, McMahan, and Keohane” with Benjamin A. Valentino in Ethics & International Affairs (Winter 2019).

In 2022, Sagan was awarded Thérèse Delpech Memorial Award from the Carnegie Endowment for International Peace at their International Nuclear Policy Conference. In 2017, he received the International Studies Association’s Susan Strange Award which recognizes the scholar whose “singular intellect, assertiveness, and insight most challenge conventional wisdom and intellectual and organizational complacency" in the international studies community. Sagan was also the recipient of the National Academy of Sciences William and Katherine Estes Award in 2015, for his work addressing the risks of nuclear weapons and the causes of nuclear proliferation. The award, which is granted triennially, recognizes “research in any field of cognitive or behavioral science that advances understanding of issues relating to the risk of nuclear war.” In 2013, Sagan received the International Studies Association's International Security Studies Section Distinguished Scholar Award. He has also won four teaching awards: Stanford’s 1998-99 Dean’s Award for Distinguished Teaching; Stanford's 1996 Hoagland Prize for Undergraduate Teaching; the International Studies Association’s 2008 Innovative Teaching Award; and the Monterey Institute for International Studies’ Nonproliferation Education Award in 2009.     

Co-director of the Center for International Security and Cooperation
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Scott D. Sagan Co-Director of CISAC and Professor of Political Science Speaker

Allen S. Weiner

Stanford Law School
559 Nathan Abbott Way
Neukom Faculty Office Building, Room N238
Stanford, CA 94305-8610

(650) 724-5892 (650) 725-2592
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Senior Lecturer in Law
Director, Stanford Program in International Law
Co-Director, Stanford Center on International Conflict and Negotiation
CISAC Core Faculty Member
Europe Center Affiliated Faculty
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Allen S. Weiner is senior lecturer in law and director of the Stanford Program in International Law at Stanford Law School. He is also the co-director of the Stanford Center on International Conflict and Negotiation. He is an international legal scholar with expertise in such wide-ranging fields as international and national security law, the law of war, international conflict resolution, and international criminal law (including transitional justice). His scholarship focuses on international law and the response to the contemporary security threats of international terrorism, the proliferation of weapons of mass destruction, and situations of widespread humanitarian atrocities. He also explores the relationship between international and domestic law in the context of asymmetric armed conflicts between the United States and nonstate groups and the response to terrorism. In the realm of international conflict resolution, his highly multidisciplinary work analyzes the barriers to resolving violent political conflicts, with a particular focus on the Israeli-Palestinian conflict. Weiner’s scholarship is deeply informed by experience; for more than a decade he practiced international law in the U.S. Department of State, serving as an attorney-adviser in the Office of the Legal Adviser and as legal counselor at the U.S. Embassy in The Hague. In those capacities, he advised government policy-makers, negotiated international agreements, and represented the United States in litigation before the Iran-United States Claims Tribunal, the International Criminal Tribunal for the Former Yugoslavia, and the International Court of Justice. He teaches courses in public international law, international conflict resolution, and international security matters at Stanford Law School.

Weiner is the author of "Constitutions as Peace Treaties: A Cautionary Tale for the Arab Spring” in the Stanford Law Review Online (2011) and co-author (with Barry E. Carter) of International Law (6th ed. 2011). Other publications include “The Torture Memos and Accountability" in the American Society of International Law Insight (2009), "Law, Just War, and the International Fight Against Terrorism: Is It War?", in Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory (Steven P. Lee, ed.) (2007), ”Enhancing Implementation of U.N. Security Council Resolution 1540: Report of the Center on International Security and Cooperation” (with Chaim Braun, Michael May & Roger Speed) (September 2007), and "The Use of Force and Contemporary Security Threats: Old Medicine for New Ills?", Stanford Law Review (2006).

Weiner has worked on several Supreme Court amicus briefs concerning national security and international law issues, including cases brought involving "war on terror" detainees.  He has also submitted petitions before the United Nations Working Group on Arbitrary Detention on behalf of Vietnamese social and political activists detained by their governing for the exercise of free speech rights.

Weiner earned a BA from Harvard College and a JD from Stanford Law School.

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Allen S. Weiner Senior Lecturer in Law; Co-Director, Stanford Program in International Law; Co-Director, Stanford Center on International Conflict and Negotiation; CDDRL and CISAC Faculty Member; Forum on Contemporary Europe Research Affiliate Speaker
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Unconventional Partners: Australia-India Cooperation in Reducing Nuclear Dangers

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What is the problem?
Progress towards reducing nuclear dangers is currently hampered by entrenched divisions between Nuclear Non-Proliferation Treaty members and non-members, and between Western and non-aligned states. Longstanding differences between Australia and India typify this problem.

What should be done?
New partnerships and platforms for dialogue would expand the space for agreement and new thinking. An unconventional diplomatic partnership between India and Australia could be a test bed for the larger challenge of how to bridge old divides on nuclear and security issues.

Early steps in such a partnership would include a leaders' statement identifying common aims in reducing nuclear dangers. Nonproliferation export controls could be a primary area of cooperation. Canberra should promote Indian involvement in the so-called Australia Group on chemical and biological weapons export controls, including to raise comfort levels between New Delhi and other nonproliferation arrangements.

A new bilateral nuclear dialogue could consider the prevention of illicit nuclear transfers at sea, the negotiation of a Fissile Material Cut-Off Treaty, the security of nuclear energy growth in Southeast Asia, the reduced role of nuclear arms in defence postures, and recommendations from the International Commission on Nuclear Non-Proliferation and Disarmament sponsored by Australia and Japan.

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Possible Indian reaction to U.S. ratification of the CTBT

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  • After opting out of Comprehensive Test Ban Treaty negotiations in 1996, India still hasn't signed the treaty.
  • While India has begun to interact more and more with the nonproliferation regime, it's unlikely that New Delhi will ratify the CTBT anytime soon--even if the U.S. Senate does so.
  • The more likely outcome is India continuing its voluntary testing moratorium, leaving the CTBT's other signatories to figure out how to make the treaty work without New Delhi's involvement.
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Bulletin of the Atomic Scientists
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Sagan wins Gerner teaching award

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The International Studies Association has awarded CISAC Co-Director Scott Sagan the 2008 Deborah “Misty” Gerner Innovative Teaching in International Studies Award for his simulation exercise that he has taught to Stanford undergraduates for the last decade through PS 114S “%course1%.” The Nuclear Non-Proliferation Treaty (NPT) and United Nations Security Council (UNSC) simulation, which Sagan developed, helps students understand the complexities of international negotiations as they relate to national interests. The Gerner award recognizes an instructor “who has developed new or significantly refined effective teaching in the discipline” with particular emphasis on “pedagogy that engages students with issues of war [and] peace.”

Under Sagan’s guidance, the simulation has been successfully exported to Columbia, Dartmouth, Duke, Reed College and the University of California-Berkeley. “Students tell me the simulation is the highlight of their academic experience,” said Ron Hassner, an assistant professor of political science at Berkeley who is a CISAC visiting professor.

As many as 150 students, acting as delegates to an international negotiation on a nuclear weapons issue, participate in the three-day simulation. Sagan tries to make the exercise as realistic as possible—students are required to dress formally and adopt the language and posture of diplomats during private negotiations and plenary meetings. In preparation, students research and write memoranda outlining the goals that should guide their assigned country’s behavior, and what strategies their delegation should adopt to achieve its goals. Delegates also receive briefings and guidance from heads of state who are played by faculty and visiting scholars with experience in the real world of diplomacy and arms control negotiation.

Guest participants have included Ambassador Thomas Graham, President Bill Clinton’s special representative for arms control, nonproliferation, and disarmament; Ambassador James Goodby, Clinton’s special representative for the security and dismantlement of nuclear weapons, chief negotiator for nuclear threat reduction agreements, and vice chair of the U.S. delegation to the Strategic Arms Reduction Treaty talks; and Keith Hansen, a member of the U.S. negotiating team for the Comprehensive Test Ban Treaty. Traditionally, a law student has played the role of a UNSC undersecretary for legal affairs, to guide students through the process of drafting an international agreement. “Aside from enriching the learning experience, contact with these diplomats also contributes a solemnity and realism to the simulation,” said CISAC visiting Professor Ron Hassner, a Berkeley assistant professor of political science who teaches the class.

At Berkeley, almost 500 students have participated in Sagan’s simulations. Three years ago, Hassner said, Graham was so impressed by the students’ achievements during the exercise that he invited two student “ambassadors” to join him at the May 2005 NPT review conference in New York City. “These students had never been on an airplane, let alone visited the United Nations,” Hassner said. “Students tell me the simulation was the highlight of their academic experience.”

The award is named in honor of Deborah J. “Misty” Gerner, a University of Kansas political science professor and an internationally noted expert in Middle Eastern conflict who died of cancer in 2006. She was 50 years old.

For more information about the award: Deborah Gerner Teaching Award.

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New U.S.-India Nuclear Agreement Delayed: Indefinitely?

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There have been serious disagreements between India and the United States in negotiation of the proposed nuclear-cooperation agreement between the two countries described at this website on Dec. 20, 2006 and Jan. 17, 2007. Our December article reported the President George W. Bush administration's hope of submitting a final agreement with India to the international Nuclear Suppliers' Group for approval at the Group's April meeting this year, 2007. That hope was not achieved. Indeed, India's objections to provisions of the U.S.-drafted agreement designed to meet Congressional requirements have raised questions as to whether a U.S. nuclear agreement with India that meets Congressional requirements is likely. Given the new Democratic majority in the House and Senate, achieving acceptance by Congress in 2007 or 2008 of an agreement with India that satisfies the statute adopted in 2006 by a Republican-controlled Congress seems unlikely.

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CISAC scholar leads newly endowed, expanded International Policy Studies program

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Starting next fall, Stanford's 25-year-old International Policy Studies (IPS) master's program will double in length and expand its interdisciplinary scope to train a new generation of graduates prepared for careers in international policy-making and advocacy.

The two-year program is named in honor of Susan Ford Dorsey, president of the Sand Hill Foundation, who has made a gift of $7.5 million, which has been matched by university funds to create a $15 million endowment. According to program Director Stephen J. Stedman, the funding will be used to better integrate the program into the university's international policy research centers, increase access to courses in the law and business schools, use more full-time faculty to teach classes and introduce a practicum that involves solving real-world problems.

Ford Dorsey's endowment fulfills one of the key priorities of Stanford's International Initiative, according to Stedman, which is to address global problems by leveraging the university's cross-disciplinary and collaborative research and teaching. Ford Dorsey and her husband, Mike, serve on volunteer committees of The Stanford Challenge, which is seeking to raise $4.3 billion in a broad effort to expand the university's role in addressing global challenges and educating the next generation of leaders.

Stedman, a senior fellow at the Freeman Spogli Institute for International Studies (FSI), was asked to lead the program because he has experience in both academic and policy work. In 2003, Stedman served as research director of the U.N. High-Level Panel on Threats, Challenges and Change, which former U.N. Secretary-General Kofi Annan established to analyze global security threats and propose reforms to the international system. Upon completion of the panel's report, A More Secure World: Our Shared Responsibility, Annan asked Stedman to stay on as a special adviser to help get support in implementing the panel's recommendations. Following the U.N. world leaders' summit in September 2005, during which more than 175 heads of state agreed upon a global security agenda developed from the panel's work, Stedman returned to the Center for International Security and Cooperation at FSI.

According to Stedman, the revamped curriculum will give students the skills to understand the complex connections between poverty, deadly infectious disease, environmental degradation, resource depletion, food insecurity, interstate conflict, civil war, nuclear proliferation and terrorism.

"In a world where problems cross borders and disciplines, where threats that were previously thought to be independent are found to be interconnected, where distinctions between what is domestic policy and what is foreign policy are becoming more and more tenuous, students need training and perspective to break down disciplinary silos," Stedman says in a statement on the program's website. "They need the tools and dexterity to work across issue areas and in diverse policy arenas. They need to see connections that others miss, and be able to describe and explain those connections so that others will then see them too."

The program, which will be jointly administered by the School of Humanities and Sciences and FSI, will continue to admit about 30 students a year, with up to half coming from outside the United States. Students are required to have taken prerequisite courses in economics and statistics, and to speak a foreign language.

At a Feb. 7 dinner celebrating the newly endowed program, Gareth Evans, president of the International Crisis Group and a member of the U.N. High-Level Panel, talked about the need to "make idealism realistic" and discussed the concept of a state's "responsibility to protect" civilians as a new international norm. "In just five years, which is short in the history of ideas, a brand new historical norm" was introduced and recognized by much of the international community, he said. "This was a historic breakthrough. It should reinvigorate our belief in the art of the possible." Concerning the Ford Dorsey IPS program, Evans said, "When it comes to making idealism realistic  there really could be no better place anywhere in the world that this new master's program at Stanford."

The incoming fall cohort of IPS students will study writing and rhetoric and international economics. They will take core courses in Issues in International Policies, which introduces Stanford's policy research centers and provides analyses of current global issues, and Managing Global Complexity, which teaches concepts and theories of international relations while focusing on issues with competing policy concerns. "The goal is to understand that much of what we study today is marked by trade-offs among various goods that we seek to promote," Stedman says in the statement. "Globalization and interdependence creates opportunities for creative solutions to problems, while sometimes creating negative unintended consequences for policy solutions."

IPS students will take a "gateway" course before selecting a concentration during the second year. These specialized fields include democracy, development and the rule of law; energy, environment and natural resources; global health; global justice; international negotiation and conflict management; international political economy; and international security and cooperation. Finally, students will complete a small group practicum in which they will be required to develop solutions to current global problems.

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Conventional and Dual Use Technology Export Control Legislation in the European Union and the United States: How Legislative Convergence Is Being Undermined by Administrative and Strategic Divergence

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Noah Richmond (speaker) is a CISAC Zukerman Fellow and a Stanford Center on International Conflict and Negotiation fellow. His research has focused on the structure and management of the U.S. officer corps, organizing the U.S. military for new domains of warfare including space and cyberspace, and ballistic missile defense. His current research focuses on international, supra-national, and national control regimes for dual-use technologies. Most recently he co-chaired the working group on new domains of warfare for the Beyond Goldwater-Nichols Study conducted at the Center for Strategic and International Studies. Richmond has previously consulted for the Institute for Defense Analyses, RAND, and Strategic Decisions Group. He received his BS in mathematics from the Massachusetts Institute of Technology, an MS in engineering-economic systems and operations research from Stanford, and a PhD in management science and engineering from Stanford. Richmond is currently a law student at Stanford Law School (class of 2008), where his studies focus on intellectual property and international trade.

David Elliott (respondent) was staff director for science and technology at the National Security Council (NCS) and then vice president at SAIC and SRI. At NCS his portfolio included export control matters, which included the international coordination of our policy. During his time at NCS, major emphases emerged on civilian nuclear issues after the Indian nuclear test and on computer technology as its importance became evident. At CISAC he has contributed to work in cyber security and information technology. Elliott received his BS in physics from Stanford University and both his MS and PhD in experimental high energy physics from the California Institute of Technology.

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Noah Richmond Speaker
David Elliott Speaker
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