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Visiting Scholar at The Europe Center, 2024
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Lukas Herndl is a post doc researcher at the Faculty of Law of the University of Vienna, Austria. He received a PhD from the University of Vienna and an LL.M. degree from the University of California at Berkeley School of Law ('19).

Lukas has a wide-ranging teaching background in academia and published articles in diverse fields of private law. His current research focuses on banking law, particularly exploring its ESG dimensions (“Green Finance”). At Stanford, he pursues a research project on subordination agreements in financing contracts under US law and European legal systems.

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In May 2024, Georgia's president, Salome Zourabichvili, vetoed the Parliament's contentious anti-foreign agent law, but called her act "symbolic," as the majority Georgian Dream party promised to override the veto at their next session.

In a talk hosted by The Europe Center on May 28, Kathryn Stoner, Mosbacher Director of the Center on Democracy, Development and the Rule of Law (CDDRL), explored Georgia's democratic aspirations within the context of the law, dissecting its potential ramifications for civil society, political freedoms, and Georgia's European integration ambitions.

Professor Stoner, who was awarded an honorary doctorate in 2016 from Iliad State University in Tbilisi, Republic of Georgia, also discussed the politics and complexities of the recent law and its implications for Georgia's future.

A recording of the talk can be viewed below:

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Kathryn Stoner, Mosbacher Director of CDDRL, discussed the politics and complexities of the anti-foreign agent law and its implications for Georgia's future.

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Against the backdrop of Ukraine's counteroffensive and the Kremlin's efforts to illegally annex additional territory, a delegation of members from the NATO Parliamentary Assembly arrived at Stanford to meet with experts and weigh considerations about the ongoing conflict. First on their circuit was a panel hosted by the Freeman Spogli Institute for International Studies (FSI) chaired by FSI Director Michael McFaul, with Marshall Burke, Francis Fukuyama, Anna Grzymala-Busse, Scott Sagan, and Kathryn Stoner participating.

The delegates represented thirteen of NATO's thirty member nations, including Belgium, the Czech Republic, France, Greece, Hungary, Italy, Latvia, Luxembourg, Portugal, Romania, Spain, Turkey, and the United Kingdom. Top of mind were questions about the possibility of nuclear escalation from the Kremlin, and appropriate repsonses from the alliance, as well as questions about the longevity of Putin's regime, the nature of international authoritarian alliances, and the future of Ukraine as a European nation.

Drawing from their expertise on state-building, democracy, security issues, nuclear enterprise, and political transitions, the FSI scholars offered a broad analysis of the many factors currently playing out on the geopolitical stage. Abbreviated versions of their responses are given below.

Kathryn Stoner, Francis Fukuyama, Marshall Burke, Scott Sagan, Anna Grzymala-Busse, and Michael McFaul present at a panel given to memebers of the NATO Parlimentary Assembly. Kathryn Stoner, Francis Fukuyama, Marshall Burke, Scott Sagan, Anna Grzymala-Busse, and Michael McFaul present at a panel given to memebers of the NATO Parliamentary Assembly on September 26, 2022. Melissa Morgan

The following commentary has been edited for clarity and length, and does not represent the full extent of the panel’s discussion.
 


Rethinking Assumptions about Russia and Putin

Kathryn Stoner

Right now, Putin is the most vulnerable he's ever been in 22 years in power. But I don’t believe he's under so much pressure at this point that he is about to leave office anytime soon. Autocracies do not usually die by popular mobilization, unfortunately. More often they end through an elite coup or turnover. And since the end of WWII, the research has shown that about 75% of the time autocracies are typically replaced by another autocracy, or the perpetuation of the same autocracy, just with a different leader. So, if Putin were replaced, you might get a milder form of autocracy in Russia, but I don't think you are suddenly going to create a liberal democracy.

This means that we in the West, and particularly in the U.S., need to think very hard about our strategies and how we are going to manage our relationships with Putin and his allies. This time last year, the U.S. broadcast that we basically wanted Russia to calm down so we could pivot to China. That’s an invitation to not calm down, and I think it was a mistake to transmit that as policy.

We need to pay attention to what Russia has been doing. They are the second biggest purveyor of weapons globally after the United States. They will sell to anyone. They’ve been forgiving loans throughout Sub Saharan Africa from the Soviet period and using that as a way of bargaining for access to natural resources. They’re marketing oil, selling infrastructure, and building railroads. Wherever there is a vacuum, someone will fill it, and that includes Russia every bit as much as China. We need to realize that we are in competition with both Russia and China, and develop our policies and outreach accordingly.

KStoner

Kathryn Stoner

Mosbacher Director of the Center on Democracy, Development, and the Rule of Law
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Confronting Autocracy at Home and Abroad

Anna Grzymala-Busse

Why is Putin in Ukraine? Because the fact that there is a democratic country right next door to Russia is an affront to him. Putin doesn’t care that much about NATO. The fact that nothing happened when Sweden joined is some evidence of this. That’s something to keep in mind as people are debating NATO and Ukraine and Ukraine’s possible future as a member.

NATO membership and EU membership are both wonderful things. But more fundamental that that, this war has to be won first. That’s why I think it’s necessary in the next six months to speed up the support for Ukraine by ensuring there’s a steady stream of armaments, training personnel, and providing other military support.

There’s been incredible unity on Ukraine over the last seven months across the EU, NATO, and amongst our allies. But our recent history with President Trump reminds us how fragile these international commitments can be. In foreign policy, it used to be understood that America stands for liberal democracy. But we had a president of the United States who was more than happy to sidle up to some of the worst autocrats in the world. That’s why we can’t afford to leave rising populism around the world unaddressed and fail to engage with voters. When we do that, we allow far right parties to grab those votes and go unopposed. Whatever happens domestically impacts what happens internationally.

Anna Grzymała-Busse

Anna Grzymala-Busse

Director of The Europe Center
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The Consequences of Nuclear Sabre-Rattling

Scott Sagan

We have to very clear-eyed when we’re talking about the threat, however improbable, of the use of a nuclear weapon. When it comes to the deployment of a tactical nuclear weapon, its kinetic effects depend on both the size of the weapon, the yield, and the target. Tactical weapons range in yield from very low — 5-10% of what was in the Hiroshima bomb — to as large as what was used against Hiroshima and Nagasaki. If that kind of weapon was used on an urban target, it would produce widescale effects. In a battlefield or rural area, it would have a relatively small impact.

But in the bigger picture, what any use of a weapon like this does is break a 70+ year tradition of non-use. Those seventy years have been dicey and fragile, but they have held so far. A tradition that is broken creates a precedent, and once there’s a precedent, it makes it much easier for someone to transgress the tradition again. So even if a decision was made to use a tactical weapon with little kinetic importance for strategic effect, I think we still need to be worried about it.

Personalistic dictators surround themselves with yes men. They make lonely decisions by themselves, often filled with vengeance and delusion because no one can tell them otherwise. They don't have the checks and balances. But I want to make one point about a potential coup or overthrow. Putin has done a lot to protect himself against that. But improbable events happen all the time, especially when leaders make really, really bad decisions. That’s not something we should be calling for as official U.S. policy, but it should be our hope.

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Scott Sagan

FSI Senior Fellow at the Center for International Security and Cooperation
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Cycles of Conflict, Climate Change, and Food Insecurity

Marshall Burke

The estimates right now project that there are 350 million people around the world facing acute food insecurity. That means 350 million people who literally don’t have enough to eat. That’s roughly double what it was pre-COVID. The factors driving that are things like supply chain disruptions from the pandemic and climate shocks, but also because of ongoing conflict happening around the world, Ukraine included.

There was an early concern that the war in Ukraine would be a huge threat to global food security. That largely has not been the case so far, at least directly. Opening the grain corridors through the Black Sea has been crucial to this, and it’s critical that we keep those open and keep the wheat flowing out. Research shows that unrest increases when food prices spike, so it’s important for security everywhere to keep wheat prices down.

What I’m worried about now is natural gas prices. With high global natural gas prices, that means making fertilizer is also very expensive and prices have increased up to 300% relative to a few years ago. If they stay that high, this is going to be a long-term problem we will have to find a way of reckoning with on top of the other effects from climate change already impacting global crop production and the global economy.

Marshall Burke

Marshall Burke

Deputy Director of the Center on Food Security and the Environment
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Ukraine After the War

Francis Fukuyama

I've been more optimistic about the prospects for Ukraine taking back territory for more of this war, just because of the vast difference in motivation between the two sides and the supply of modern weapons that Ukraine has been getting. But I don’t know what the conditions on the ground will look like when the decision to negotiate comes. Will Russia still be sitting on occupied territory? Are they kicked out entirely? Or are the frontlines close to where they are now?

As I’ve observed, Ukraine's demands have shifted depending on how they perceive the war going on. There was a point earlier this summer where they hinted that a return to the February 23 borderlines would be acceptable. But now with their recent successes, they're saying they want everything back to the 2014 lines. What actually happens will depend on what the military situation looks like next spring, by my guess.

However the war does end, I think Ukraine actually has a big opportunity ahead of them. Putin has unwittingly become the father of a new Ukrainian nation. The stresses of the war have created a very strong sense of national identity in Ukraine that didn’t exist previously. It’s accurate that Ukraine had significant problems with corruption and defective institutions before, but I think there’s going to be a great push to rout that out. Even things like the Azov steel factory being bombed out of existence is probably a good thing in the long run, because Ukraine was far too dependent on 20th-century coal, steel, and heavy industry. Now they have an opportunity to make a break from all of that.

There are going to be challenges, obviously. We’ll have to watch very carefully what Zelenskyy chooses to do with the commanding position he has at the moment, and whether the government will be able to release power back to the people and restore its institutions. But Europe and the West and our allies are going to have a really big role in the reconstruction of Ukraine, and that should be regarded by everyone as a tremendous opportunity.

frank_fukuyama

Francis Fukuyama

Olivier Nomellini Senior Fellow at FSI
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Victory in Ukraine, Victory for Democracy

Michael McFaul

Nobody likes a loser, and right now, Putin is losing strategically, tactically, and morally. Now, he doesn’t really care about what Biden or NATO or the West think about him. But he does care about what the autocrats think about him, especially Xi Jinping. And with reports coming out of the Shanghai Cooperation Organization that Xi has “concerns” about what’s happening in Ukraine, Putin is feeling that pressure. I think that's why he has decided he needs to double down, not to negotiate, but to try and “win” in some way as defined by him.

In my view, that’s what’s behind the seizure of these four regions. If he feels like he can unequivocally claim them as part of Russia, then maybe he will sue for peace. And that’s exactly what President Zelenskyy fears. Why? Because that’s exactly what happened in 2014. Putin took Crimea, then turned around to the countries of the world and said, “Aren’t we all tired of war? Can’t we just have peace? I’m ready to end the war, as long as you recognize the new borders.” And, let’s be honest, we did.

We keep hearing politicians say we should put pressure for peace negotiations. I challenge any of them to explain their strategy for getting Putin to talk about peace. There is no doubt in my mind that President Zelenskyy would sit down tomorrow to negotiate if there was a real prospect for peace negotiations. But there's also no doubt in my mind right now that Putin has zero interest in peace talks.

Like Dr. Fukuyama, I don’t know how this war will end. But there's nobody inside or outside of Russia that thinks it’s going well. I personally know a lot of people that believe in democracy in Russia. They believe in democracy just as much as you or I. I’ve no doubt of their convictions. But they’re in jail, or in exile today.

If we want to help Russia in the post-Putin world, we have to think about democracy. There’s not a lot we can do to directly help democracy in Russia right now. But we should be doing everything to help democracy in Ukraine.  It didn’t happen in 1991. It didn’t happen in 2004. It didn’t happen in 2014. They had those breakthroughs and those revolutionary moments, but we as the democratic world collectively didn’t get it right. This is our moment to get it right, both as a way of helping Ukraine secure its future, and to give inspiration to “small-d” democrats fighting for rights across the world.

Michael McFaul, FSI Director

Michael McFaul

Director of the Freeman Spogli Institute for International Studies
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FSI Director Michael McFaul, Kathryn Stoner, Francis Fukuyama, Scott Sagan, Anna Grzymala-Busse, and Marshall Burke answered questions from the parliamentarians on the conflict and its implications for the future of Ukraine, Russia, and the global community.

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This article originally appeared at Brookings.

 

March 18 marks the fifth anniversary of Russia’s illegal annexation of Crimea, which capped the most blatant land grab in Europe since World War II. While the simmering conflict in Donbas now dominates the headlines, it is possible to see a path to resolution there. It is much more difficult with Crimea, which will remain a problem between Kyiv and Moscow, and between the West and Russia, for years—if not decades—to come.

THE TAKING OF CRIMEA

In late February 2014, just days after the end of the Maidan Revolution and Victor Yanukovych’s flight from Kyiv, “little green men”—a term coined by Ukrainians—began seizing key facilities on the Crimean peninsula. The little green men were clearly professional soldiers by their bearing, carried Russian weapons, and wore Russian combat fatigues, but they had no identifying insignia. Vladimir Putin originally denied they were Russian soldiers; that April, he confirmed they were.

By early March, the Russian military had control of Crimea. Crimean authorities then proposed a referendum, which was held on March 16. It proved an illegitimate sham. To begin with, the referendum was illegal under Ukrainian law. Moreover, it offered voters two choices: to join Russia, or to restore Crimea’s 1992 constitution, which would have entailed significantly greater autonomy from Kyiv. Those on the peninsula who favored Crimea remaining a part of Ukraine under the current constitutional arrangements found no box to check.

The referendum unsurprisingly produced a Soviet-style result: 97 percent allegedly voted to join Russia with a turnout of 83 percent. A true referendum, fairly conducted, might have shown a significant number of Crimean voters in favor of joining Russia. Some 60 percent were ethnic Russians, and many might have concluded their economic situation would be better as a part Russia.

It was not, however, a fair referendum. It was conducted in polling places under armed guard, with no credible international observers, and with Russian journalists reporting that they had been allowed to vote. Two months later, a member of Putin’s Human Rights Council let slip that turnout had been more like 30 percent, with only half voting to join Russia.

Regardless, Moscow wasted no time. Crimean and Russian officials signed a “treaty of accession” just two days later, on March 18. Spurred by a fiery Putin speech, ratification by Russia’s rubberstamp Federation Assembly and Federation Council was finished by March 21.

ATTEMPTS TO JUSTIFY

Moscow’s actions violated the agreement among the post-Soviet states in 1991 to accept the then-existing republic borders. Those actions also violated commitments to respect Ukraine’s sovereignty, territorial integrity, and independence that Russia made in the 1994 Budapest Memorandum on Security Assurances for Ukraine and 1997 Ukrainian-Russian Treaty of Friendship, Cooperation and Partnership.

In late March 2014, Russia had to use its veto to block a U.N. Security Council resolution that, among other things, expressed support for Ukraine’s territorial integrity (there were 13 yes votes and one abstention). The Russians could not, however, veto a resolution in the U.N. General Assembly. It passed 100-11, affirming Ukraine’s territorial integrity and terming the Crimean referendum invalid.

Russian officials sought to justify the referendum as an act of self-determination. It was not an easy argument for the Kremlin to make, given the history of the two bloody wars that Russia waged in the 1990s and early 2000s to prevent Chechnya from exercising a right of self-determination.

Russian officials also cited Western recognition of Kosovo as justification. But that did not provide a particularly good model. Serbia subjected hundreds of thousands of Kosovar Albanians to ethnic-cleansing in 1999; by contrast, no ethnic-cleansing occurred in Crimea. Kosovo negotiated with Serbia to reach an amicable separation for years before declaring independence unilaterally. There were no negotiations with Kyiv over Crimea’s fate, and it took less than a month from the appearance of the little green men to Crimea’s annexation.

The military seizure of Crimea provoked a storm of criticism. The United States and European Union applied visa and financial sanctions, as well as prohibited their ships and aircraft from traveling to Crimea without Ukrainian permission. Those sanctions were minor, however, compared to those applied on Russia after it launched a proxy conflict in Donbas in April 2014, and particularly after a Russian-provided surface-to-air missile downed a Malaysian Air airliner carrying some 300 passengers.

Whereas Ukrainian forces on Crimea did not resist the Russian invasion (in part at the urging of the West), Kyiv resisted the appearance of little green men in Donbas. Before long, the Ukrainians found themselves fighting Russian troops as well as “separatist” forces. That conflict is now about to enter its sixth year.

Finding a settlement in Donbas has taken higher priority over resolving the status of Crimea—understandable given that some 13,000 have died and two million been displaced in the fighting in eastern Ukraine. Moscow seems to see the simmering conflict as a useful means to pressure and distract Kyiv, both to make instituting domestic reform more difficult and to hinder the deepening of ties between Ukraine and Europe.

Resolving the Donbas conflict will not prove easy. For example, the Kremlin may not be prepared to settle until it has some idea of where Ukraine fits in the broader European order, that is, its relationship with the European Union and NATO. But Russia has expressed no interest in annexing Donbas. While the seizure of Crimea proved very popular with the broader Russia public, the quagmire in Donbas has not. The most biting Western economic sanctions would come off of Russia if it left Donbas. At some point, the Kremlin may calculate that the costs outweigh the benefits and consent to a settlement that would allow restoration of Ukrainian sovereignty there.

Moscow will not, on the other hand, willingly give up Crimea. Russians assert a historical claim to the peninsula; Catherine the Great annexed the peninsula in 1783 following a war between Russia and the Ottoman Empire. (That said, Crimea was transferred from the Russian Soviet Federative Socialist Republic to the Ukrainian Soviet Socialist Republic in 1954, and, as noted above, the republics that emerged from the wreckage of the Soviet Union in 1991 agreed to accept the borders as then drawn.)

Retaining Crimea is especially important to Putin, who can offer the Russian people no real prospect of anything other than a stagnant economy and thus plays the nationalism and Russia-as-a-great-power cards. He gained a significant boost in public popularity (much of which has now dissipated) from the rapid and relatively bloodless takeover of the peninsula. Moreover, it offers a vehicle for Russia to maintain a festering border dispute with Ukraine, which the Kremlin may see as discouraging NATO members from getting too close to Ukraine.

Kyiv at present lacks the political, economic, and military leverage to force a return. Perhaps the most plausible route would require that Ukraine get its economic act together, dramatically rein in corruption, draw in large amounts of foreign investment, and realize its full economic potential, and then let the people in Crimea—who have seen no dramatic economic boom after becoming part of Russia—conclude that their economic lot would be better off back as a part of Ukraine.

For the West, Russia’s seizure and annexation of Crimea pose a fundamental challenge to the European order and the norms established by the 1975 Helsinki Final Act. The United States and Europe should continue their policy of non-recognition of Crimea’s illegal incorporation. They should also maintain Crimea-related sanctions on Russia, if for no other reason than to signal that such land grabs have no place in 21st-century Europe.

 

 

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EU legislative politics have changed dramatically during the past decade, and the British government has been a vocal and influential voice in shaping EU policies and processes. Based on an original dataset covering all legislative decisions by the EU governments since the enlargement to Central- and Eastern Europe in 2004, this paper provides detailed analysis to explain and elaborate on the British votes in the EU Council. It shows that the UK has opposed legislation more than other countries, and that this opposition has increased in recent years. However, advanced text analysis of formal policy statements from the Council records shows that the UK government should not be considered a policy outlier: a group of small- and medium-sized countries frequently side with the UK position in the Council records. They will likely miss the British position and outspoken voice as the EU embarks on a new phase in European integration. The results extend our existing knowledge about negotiation dynamics and voting behaviour in the Council, and are relevant to studies of other intergovernmental negotiation forums too.

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Sara Hagemann


Sara Hagemann is Associate Professor in European Politics at London School of Economics and Political Science, which she joined in September 2009. In her work, Sara draws on a mix of academic and policy experience as she has held research and policy positions in Brussels, Copenhagen and London. Sara has published extensively on European affairs, in particular on transparency and accountability in political systems, EU policy-making processes, EU treaty matters, the role of national parliaments, and the consequences of EU enlargements.

Before joining LSE, Sara worked as a Policy Analyst at the Brussels-based European Policy Centre (EPC), where she was responsible for its Political Europe programme. She has also held posts at the Centre for European Policy Studies (CEPS), and in the Danish Ministry of Foreign Affairs. She is the Co-Founder and General Editor of the LSE’s popular European Politics blog EUROPP, and Co-Founder and former Managing Director of VoteWatch.eu (www.votewatch.eu), an online initiative that monitors EU decision-makers’ voting records.

Sara has been awarded an ESRC Impact Accelerator Grant (from September 2016- April 2018) through the LSE’s Institute of Public Affairs. She was also an ESRC Senior Fellow as part of the UK in a Changing Europe programme in 2016, where she worked as an independent expert advisor to the UK government, parliament and public in the run-up to and aftermath of the UK’s referendum on EU membership.

 

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Sergei Magnitsky was a thirty-seven year old Russian lawyer and auditor who worked for Hermitage Capital Management, a firm founded in 1996 by Bill Browder, the grandson of the famous leader of the American Communist Party, Earl Browder (1891-1973). Hermitage made tens of millions of dollars in the rush to buy up and sell state assets in the chaotic economic circumstances of Boris Yeltsin’s Russia. Browder’s efforts in the early 2000s to use the emerging Russian legal system to protect his investments and encourage large companies to operate transparently led him to cross swords with the financial and business elite of Putin’s Russia.

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Human rights are a complex concept with distinct parts, whose histories are often independent from one another. Histories of human rights are almost always partial histories, and we cannot reduce their history to that of one part. This article challenges one of the central tenets of the early-modern history of human rights, namely that it was the “discovery” of subjective rights in the late medieval period that was the critical move in the development of human rights. It examines in particular the work of Richard Tuck, and exposes his debt to the French legal historian Michel Villey and to Leo Strauss. In so doing, it disputes the existence of a “modern school” of natural law theory, and sketches an alternative history of natural rights, which passes from the Huguenot monarchomachs and the English Levellers to the American and French revolutionaries.

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Deborah R. Hensler is the Judge John W. Ford Professor of Dispute Resolution and Associate Dean for Graduate Studies Emerita at Stanford Law School, where she teaches courses on complex and transnational litigation, the legal profession, and empirical research methods. She co-founded the Law and Policy Laboratory at the law school with Prof. Paul Brest (emeritus). She is a member of the RAND Institute Civil Justice Board of Overseers and the Berkeley Law Civil Justice Initiative Advisory Board. From 2000-2005 she was the director of the Stanford Center on Conflict and Negotiation.

Prof. Hensler has written extensively on mass claims and class actions and is the lead author of Class Actions in Context: How Economics, Politics and Culture Shape Collective Litigation (2016) and Class Action Dilemmas: Pursuing Public Goals for Private Gain (2000) and the co-editor of The Globalization of Class Actions (2009). Prof. Hensler has taught classes on comparative class actions and empirical research methods at the University of Melbourne (Australia) and Catolica Universidade (Lisboa) and held a personal chair in Empirical Legal Studies on Mass Claims at Tilburg University (Netherlands) from 2011-2017. In 2014 she was awarded an honorary doctorate in law by Leuphana University (Germany). Prior to joining the Stanford faculty, Prof. Hensler was Director of the RAND Institute for Civil Justice (ICJ). She is a member of the American Academy of Arts & Sciences and the American Academy of Political and Social Sciences. Prof. Hensler received her A.B. in political science summa cum laude from Hunter College and her Ph.D. in political science from the Massachusetts Institute of Technology.

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Stanford Journal of International Law

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Procedure and Due Process in International Arbitration

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Arbitration in Emerging Markets

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This event is co-sponsored by The Europe Center.

 

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Stanford Journal of International Law

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Enforcing Arbitration Awards: Yukos and Beyond

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