Stanford Journal of International Law

Articles from Vol. 48, No. 1, Winter

Dissent as Dialectic: Horizontal and Vertical Disagreement in WTO Dispute Settlement
"Legal precedent in international dispute settlement is neither to be worshipped nor ignored." Gilbert Guillaume, former President of the International Court of Justice (1) I. INTRODUCTION II. ARE DISSENTS DESIRABLE OR DISAGREEABLE? A....
Global Health Governance at a Crossroads: Trademark Protection V. Tobacco Control in International Investment Law
"As it is unhealthy, I will never smoke again, but now I smoke the last cigarette" Italo Svevo, La Coscienza di Zeno (1923). According to the World Health Organization, tobacco consumption causes the death of five million people each year. Countries...
Protecting State Secrets as Intellectual Property: A Strategy for Prosecuting WikiLeaks
INTRODUCTION I. The Shortcomings of Traditional Approaches A. Statutory Scope B. Jurisdictional Reach C. Extradition D. Constitutional Limitations II.COPYRIGHT INFRINGEMENT ANALYSIS A. Ownership of U.S. Government Works B. Copyrightable Subject...
Reforming North Korea: Law, Politics, and the Market Economy
Since the economic crisis and famine years of the mid-1990s, there has been intermittent speculation that North Korea has reached a point where it will have to thoroughly reform its entire operational structure or face inevitable collapse. While most...
The New Cyber Face of Battle: Developing a Legal Approach to Accommodate Emerging Trends in Warfare
I. INTRODUCTION A. What's in a Name? B. Legal Paradigms for Operations in Cyberspace C. The Attribution Problem II. CYBERATTACKS AS COMBAT ENABLERS AND PART OF A COMBINED ARMS CAMPAIGN A. Cyberattacks and the Law of War: Jus ad Bellum ...
What Constitutes an "Agreement in Writing" in International Commercial Arbitration? Conflicts between the New York Convention and the Federal Arbitration Act
This Article investigates whether and to what extent a party must produce an "agreement in writing" when seeking to enforce an international arbitration agreement or award in a U.S. federal court. This issue has recently given rise to both a circuit...