Negotiation

Stanford Law School
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Stanford, CA 94305-8610

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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
rsd25_073_0376a.jpg JD

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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Until recently, analysts of civil war focused their attention on the negotiation of peace agreements and paid scant attention to the implementation process. Rather legalistically, they assumed that a contract between state and insurgent leaders would remain binding in the post-agreement phase. In the 1980s and 1990s, however, negotiated agreements in such countries as Angola, Cambodia, Liberia, and Rwanda collapsed and resulted in new deadly violence. In some cases more blood was shed after the failure to implement a peace accord than before the peace negotiations began.

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By developing a strategic approach to the implementation of peace accords in civil war, the United Nations can better the odds for ending a war and fostering development in the long run. Recent attempts at implementation have suffered from recurring difficulties: incomplete, vague and expedient agreements; lack of coordination between implementing agencies; lack of sustained attention by the international community; incomplete fulfillment of agreements by warring parties; and the presence of 'spoilers' who seek to destroy and incipient peace. To overcome these difficulties, the UN must encourage the parties to choose political, cultural, social and economic security-building measures during the negotiation phase and systematically apply confidence-building measures to the military components of implementation. This demands a reconsideration of peace making in a civil war to include a long-term international commitment to the development of war-torn societies.

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International Peacekeeping
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Stephen J. Stedman
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Robert Axelrod's The Evolution of Cooperation has been widely acclaimed in the few years since its publication. Given its promise for promoting cooperation in ‘prisoner's dilemma games' (PDGs), such praise is unsurprising. The purpose of this paper is to consider whether the tit-for-tat (TFT) strategy Axelrod recommends for achieving an evolution of cooperation in PD situations has application to the negotiation of arms control treaties.

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Arms Control Today
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The expected degree of compliance with agreements or treaties under negotiation must be inferred from the record of the past as well as from the expectations that are raised by the willingness of the parties to dedicate increased resources to verification, to accept more-intrusive inspections, to exhibit greater openness, and to provide for cooperative verification measures.  Yet such expectations for compliance must be tempered by the recognition of fundamental factors, which are discussed.

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CISAC
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The missile race cannot be ended with one old stroke of the negotiator's pen on a single comprehensive and lasting treaty. I foresee instead a continuing negotiation, a continuing exchange of information on weapon plans and a continuing series of agreements. This article suggests possible structures for such a dialogue, given the division of power over the conduct of foreign policy between the Executive and the Congress.

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Columbia Law Review
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