International Law
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Matthew Rojansky is a JD candidate at Stanford Law School and a CISAC predoctoral fellow. His research focuses on international law and security, counter-terrorism and counter-proliferation. He is currently conducting a study of UN Security Council legitimacy in the global counter-terrorism context, and developing a theory of network-based attribution for internationally wrongful acts. He has worked for the U.S. Department of Justice's Office of Special Investigations, the National Democratic Institute for International Affairs, the Israel Ministry of Foreign Affairs, and private law firms, where he has worked on international trade and IP litigation.

He received an AB in Soviet history from Harvard University. Next year, he will serve as a clerk for the United States Court of Appeals for the Armed Forces.

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This article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States--two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes--and accepts--the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts--flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This article recognizes that both states consider the fight against terrorism to be partly military but also a matter of bringing certain democratic principles to bear. Critics have been quick to condemn some of the measures for their encroachments into civil liberties. My goal is not to measure the success of the laws according to any particular ideology but rather, accepting the governments' democracy-promoting goals, and the role these play in generating domestic and international support, to clarify which components do not appear to serve the states' aims.

This article won Stanford Law School's Carl Mason Franklin Prize for 2005-2006, for most distinguished written work in international law.

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Michigan Journal of International Law
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Laura K. Donohue
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Allen S. Weiner examines to what degree the global "war on terror" that has erupted since September 11, 2001 fits the "just war" doctrine of international relations or even whether it can properly be considered a war at all in terms of positive international law. Whether or not these labels apply is not merely a matter of academic debate, Weiner notes, but has broader implications for the international legal responsibilities of the United States in Afghanistan, Iraq and other theaters of the "war on terror

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Stanford Law School
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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 Weiner Warren Christopher Professor of the Practice of International Law and Diplomacy Speaker FSI; Stanford Law School
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%people1%, a postdoctoral fellow at the Center for International Security and Cooperation, won the American Political Science Association's 2004 Helen Dwight Reid Award for the best doctoral dissertation in international relations, law and politics. Kinsella received the award at the association's annual meeting Sept. 2-5 in Chicago. Her dissertation, The Image Before the Weapon: A Genealogy of the "Civilian" in International Law and Politics, examines the ways in which Western societies have distinguished civilians from combatants during key periods of armed conflict from the 11th to 20th centuries. One of Kinsella's important findings, as the award committee noted, is "that the laws of war have, from their very origin, served as much to justify war--to make it morally possible, and even to claim the moral high ground for one's side--as to limit it." Kinsella concluded her dissertation with a discussion of its relevance to recent U.S. actions and rhetoric toward Iraq.
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Alan Isenberg is the anchor producer of CNN's The Situation Room, a daily show hosted by Wolf Blitzer on politics and international affairs. He was a fellow at CISAC from 2004-2005 and an affiliated scholar at CDDRL from 2002-2005. During his fellowship, he examined the sufficiency of the present institutional and legal frameworks dealing with nuclear nonproliferation, and explored ways to modernize these frameworks in accordance with today's security threats. In this context, he focused especially on the future of the U.S.-Iran strategic relationship. He came to Stanford in 2002 from the Center for Strategic and International Studies in Washington, DC, where he was on staff in the International Security Program and focused his research on the transatlantic defense relationship and nuclear nonproliferation. He represented FSI and Stanford Law School on the Stanford International Law steering committee.

Isenberg wrote for Newsweek's domestic and international editions from 2005-2006. He was a contributing editor of the world affairs journal Orbis from July 2002 to January 2005, and has published widely in American and international newspapers, including the Financial Times, Los Angeles Times, the Wall Street Journal Europe, and the International Herald Tribune. He serves as a nonresident senior advisor to the Institute for Strategic Studies in Ljubljana, Slovenia. Isenberg holds a BA in diplomatic history (magna cum laude) from the University of Pennsylvania, and a JD from Stanford Law School, where he served as senior articles editor for the Stanford Journal of International Law.

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Judith Paulus
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Elizabeth Sherwood-Randall, a senior research scholar with the Center for International Security and Cooperation (CISAC) at the Stanford Institute for International Studies and a senior adviser to CISAC's Preventive Defense Project, has been selected as a 2004 Carnegie Scholar.

The 15 scholars chosen this year by the Carnegie Corporation of New York will each receive up to $100,000 for a period of two years to pursue research. They join 52 others awarded the fellowships since 2000.

"The Carnegie Corporation has a long history of supporting path-breaking work in international security, and I am truly honored to be included in such a distinguished group of scholars," said Sherwood-Randall. "Given the state of the world -- and the fact that there are few foreign and defense policy goals that we can successfully pursue unilaterally -- I intend to use this support to generate new ideas about the leadership of America's key alliances and partnerships."

Sherwood-Randall's research topic is "Transforming Transatlantic Relations: A New Agenda for a New Era." Her study will seek to understand the elements of continuity and change in the global security environment in order to determine whether and how America's most important alliance, the North Atlantic Treaty Organization, can remain relevant and effective. She intends to publish the results of her work in a journal-length article as well as produce policy memoranda and briefings for appropriate officials in the U.S. government and relevant international organizations.

Sherwood-Randall served as deputy assistant secretary of defense for Russia, Ukraine and Eurasia during the first Clinton Administration (1994-1996). She played a key role in creating a cooperative context for denuclearization efforts in Russia, Ukraine, Belarus and Kazakhstan and in establishing security ties with the new states of Central Asia. Prior to her government service, Sherwood-Randall served as co-founder and associate director of the Harvard Strengthening Democratic Institutions Project, as chief foreign affairs and defense policy advisor to Sen. Joseph R. Biden, Jr., and as a guest scholar in foreign policy studies at the Brookings Institution.

Sherwood-Randall received her B.A. from Harvard-Radcliffe Colleges, magna cum laude. She received her doctorate in International Relations from Oxford University, where she was a Rhodes Scholar.

Chosen in a highly competitive process -- from an initial group of 144 nominees, 54 were invited to provide complete proposals -- the 15 selected Carnegie Scholars will explore issues critical to economic growth and human development. These include the American electoral process; political theory of international law; school reform from an international perspective; a reconsideration of the Iran hostage crisis; the logic of suicide terrorism; local control and federal reform of education; how U.S. transatlantic relations can remain relevant and effective; Hispanic students' achievements in elementary education; justice in education; political obligations in World War I America; the rise of far-right extremist groups and the role masculinity plays in their resurgence; the role of the United States in the 21st century; and the rebirth of democracy in Iraq.

"The annual announcement of the Carnegie Scholars is an opportunity to celebrate original and creative thinking on a wide array of social issues important to the Corporation's strategies," said Vartan Gregorian, president of the Carnegie Corporation of New York, who inaugurated the Scholars Program in 1999 to support innovative and path-breaking scholarship.

"Criteria for selection were based on stringent academic standards and the relevance of the project to Corporation program priorities," said Neil Grabois, Carnegie Corporation's vice president and director for strategic planning and program coordination, who facilitated the various levels of deliberations. "The program's definition of excellence incorporates demonstrating intellectual risk-taking, framing unusual questions, possessing the capacity to communicate clearly and effectively on complex themes, and advancing scholarship in the Corporation's programs."

The Carnegie Corporation of New York was created by Andrew Carnegie in 1911 to promote the advancement and diffusion of knowledge and understanding. As a grant-making foundation, the Corporation seeks to carry out Carnegie's vision of philanthropy, which he said should aim to do real and permanent good in the world. The Corporation's capital fund, originally donated at a value of about $135 million, had a market value of $1.8 billion on Sept. 30, 2003. The Corporation awards grants totaling approximately $80 million a year in the areas of education, international peace and security, international development and strengthening U.S. democracy.

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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
1-RSD13_086_0316a.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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President George W. Bush has demonstrated impressive flexibility in reshaping his approach to foreign policy to deal with the new international challenges brought to the fore by the terrorist attacks.

Before Sept. 11, President Bush embraced a humble mission for the United States in the world. This country, he believed, had to "preserve the peace" by seeking to maintain the basic balance of power between nations. Now, Bush has abandoned the preservation of the old system. Instead, he seeks to change it by promoting liberty, freedom and eventual democracy in countries ruled by autocrats.

In doing so, Bush lines up next to "idealists" or "liberals" such as Ronald Reagan, Woodrow Wilson and Immanuel Kant, and implicitly distances himself from realists focused solely on the balance of power such as Richard Nixon, Thucydides and his own father, the 41st president.

In a second remarkable change, Bush has become a supporter, at least rhetorically, of nation building. Before Sept. 11, the Bush administration derided nation building as a Clinton-era distraction from the more important issues in international politics. Now, Bush has clearly identified the connection between rebuilding the failed state of Afghanistan and American national security interests. If Congress approves his proposals, Bush will be the author of the greatest increase in the American foreign aid budget since John F. Kennedy's presidency.

Third, the Bush administration before Sept. 11 expressed disdain for multilateral institutions. But in his speech this month before the United Nations, Bush outlined an ambitious proposal for revitalizing the United Nations and American cooperation with this most important multilateral institution.

To be credible, President Bush needs to do more to demonstrate his commitment to the promotion of democracy, nation building and multilateralism. Bush must show that he wants to see political reform in Saudi Arabia as well as in Iraq. Words about promoting liberty ring hollow if they apply only to some people.

To show seriousness on nation building, Bush should press for increases in the peacekeeping forces in Afghanistan. Those working to rebuild Afghanistan unanimously complain that the lack of security throughout the country is the No. 1 impediment to their work.

To make credible his pledge to reinvigorate the United Nations and other multilateral institutions, the president should complement his pledge to enforce U.N. resolutions on Iraq with a rededication of American participation in other international regimes. Bush could start with the ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, an agreement that American officials helped craft.

Because many are suspicious of the president's recent embrace of democracy promotion, nation building and multilateralism, he must demonstrate a sustained commitment to his new foreign policy strategy.

If Bush has shown a willingness to consider new ideas about foreign policy, his critics -- both at home and abroad -- have demonstrated amazing conservatism. In a reversal of positions, those most opposed to Bush's new approach to foreign policy now seek to "preserve the peace" by defending the status quo. The core flaw in this is the assumption that the old international system was working. It was not.

Before Sept. 11, the United Nations had failed to enforce its own resolutions on Iraq. If the "international community" cannot act to execute its will when dealing with such grave issues as the proliferation of weapons of mass destruction, then it has no credibility on anything.

The international community is ineffective in dealing with despotism, poverty and human rights violations because it seeks to preserve state sovereignty above all else. Fifty years ago, this was a progressive idea, which brought about the end of colonialism. Today, it is a regressive idea, which preserves the sovereignty of dictators who defy international law, denying the sovereignty of their people.

It is odd to hear the international community invoked so often as the defender of high ideals and then see representatives from Iraq in the U.N. General Assembly. Should the United States really be a member of the same organization that includes Saddam Hussein? Eventually, autocracy should go the way of slavery and colonialism as simply unacceptable.

To be effective, the international community and the United States need each other. U.N. Security Council resolutions can only be enforced if the United States helps to enforce them. The United Nations can only assist in the building of new states or prevent the destruction of vulnerable regimes if the United States participates, and vice-versa. The international community has no army and no economy, but even the mighty and rich United States can't afford to remake the world alone. For an effective partnership, change has to come from both sides.

Michael McFaul is an associate professor of political science and Hoover Fellow at Stanford University and a senior associate at the Carnegie Endowment for International Peace.

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San Francisco Chronicle
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Michael A. McFaul
Michael A. McFaul
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The development of "information warfare" presents international legal issues that will complicate nations' efforts both to execute and to respond to certain information warfare attacks, specifically those using computers, telecommunications, or networks to attack adversary information systems. Some legal constraints will certainly apply to information warfare, either because the constraints explicitly regulate particular actions, or because more general principles of international law govern the effects of those actions. Nevertheless, the novelty of certain information warfare techniques may remove them from application of established legal categories. Furthermore, the ability of signals to travel across international networks, and affect systems in distant countries, conflicts with the long-standing principle of national, territorial sovereignty.

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IIS
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Lawrence T. Greenberg
Seymour E. Goodman
Kevin J. Soo Hoo
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0-935371-44-3
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