Negotiation

Stanford Law School
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Senior Lecturer in Law
Director, Stanford Program in International Law
Director, Stanford Humanitarian Program
Director, Stanford Center on International Conflict and Negotiation
CISAC Core Faculty Member
rsd25_073_0376a.jpg JD

Allen S. Weiner, JD ’89, is an international legal scholar whose research and teaching focus primarily on the fields of international security and international conflict resolution. He also studies the challenges of online misinformation and disinformation. In the international security realm, his work spans such issues as international law and the response to contemporary security threats; the relationship between international and domestic law in the context of armed conflict; the law of war (international humanitarian law); just war theory, and international criminal law (including transitional justice).  In the realm of international conflict resolution, his highly multidisciplinary work analyzes the barriers to resolving intractable political conflicts, with a particular focus on the Israeli-Palestinian conflict. His work on misinformation and disinformation includes a focus on the potential harmful uses of social media in conflict settings, including war zones.  Weiner’s scholarship is deeply informed by experience; he practiced international law in the U.S. Department of State for more than a decade advising government policymakers, negotiating international agreements, and representing the United States in litigation before the International Criminal Tribunal for the former Yugoslavia, the International Court of Justice, and the Iran-United States Claims Tribunal.

Senior Lecturer Weiner is director of the Stanford Program in International and Comparative Law, director of the Stanford Humanitarian Program, and director of the Stanford Center on International Conflict and Negotiation. Before joining the Stanford Law School faculty in 2003, Weiner served as legal counselor at the U.S. Embassy in The Hague and attorney adviser in the Office of the Legal Adviser of the U.S. Department of State in Washington, DC. He clerked for Judge John Steadman of the District of Columbia Court of Appeals.

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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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Working Papers
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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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