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Paul B. Stephan

University of Virginia School of Law

John C. Jeffries, Jr., Distinguished Professor of Law; John V. Ray Research Professor

580 Massie Road

Charlottesville, VA 22903

United States

  • University of Virginia School of Law

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    • Tel: 434-924-7098
    • Fax: 434-924-7536
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SCHOLARLY PAPERS

38

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33

Scholarly Papers (38)

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1.

The Futility of Unification and Harmonization in International Commercial Law

University of Virginia School of Law, Legal Studies Working Paper No. 99-10
Number of pages: 40 Posted: 18 Jul 1999
Paul B. Stephan III
University of Virginia School of Law
Downloads 1,675 (6,316)
Citation 6

Abstract:

2.

Competitive Competition Law? An Essay Against International Cooperation

Univ. of Virginia Law & Econ Research Paper No. 03-3
Number of pages: 34 Posted: 09 May 2003
Paul B. Stephan III
University of Virginia School of Law
Downloads 644 (30,792)
Citation 4

Abstract:

3.

The Political Economy of Jus Cogens

Downloads 540 ( 40,710)

The Political Economy of Jus Cogens

Virginia Public Law and Legal Theory Research Paper No. 2011-14
Number of pages: 45 Posted: 07 Mar 2011 Last Revised: 24 Mar 2011
Paul B. Stephan III
University of Virginia School of Law
Downloads 373 (63,739)

Abstract:

international law, sovereign immunity, jus cogens

The Political Economy of Jus Cogens

This paper was submitted to a conference on the political economy of international law organized by University "La Sapienza." The proceedings from this conference will be edited by Professor Alberta Fabbricotti and published by Edward Elgar in 2016, Forthcoming., Virginia Public Law and Legal Theory Research Paper No. 48, Virginia Law and Economics Research Paper No. 23
Number of pages: 29 Posted: 29 Jun 2015 Last Revised: 01 Sep 2015
Paul B. Stephan III
University of Virginia School of Law
Downloads 167 (148,321)

Abstract:

Jus cogens, international law

4.

Sovereign Immunity and the International Court of Justice: The State System Triumphant

Virginia Public Law and Legal Theory Research Paper No. 2012-47
Number of pages: 35 Posted: 29 Aug 2012 Last Revised: 17 Oct 2012
Paul B. Stephan III
University of Virginia School of Law
Downloads 519 (36,366)

Abstract:

sovereign immunity, international court of justice, human rights, customary international law

5.

Courts, the Constitution, and Customary International Law: The Intellectual Origins of the Restatement (Third) of the Foreign Relations Law of the United States

Downloads 482 ( 47,058)

Courts, the Constitution, and Customary International Law: The Intellectual Origins of the Restatement (Third) of the Foreign Relations Law of the United States

Univ. of Virginia Law & Econ Research Paper No. 03-10
Number of pages: 31 Posted: 09 Dec 2003
Paul B. Stephan III
University of Virginia School of Law
Downloads 251 (99,776)

Abstract:

Courts, the Constitution, and Customary International Law: The Intellectual Origins of the Restatement (Third) of the Foreign Relations Law of the United States

UVA School of Law, Public Law Working Paper No. 03-4
Number of pages: 21 Posted: 10 May 2003
Paul B. Stephan III
University of Virginia School of Law
Downloads 231 (108,813)

Abstract:

6.

Self-Enforcing International Agreements and the Limits of Coercion

Columbia Law and Economics Working Paper No. 246
Number of pages: 81 Posted: 02 Mar 2004
Robert E. Scott and Paul B. Stephan III
Columbia University - Law School and University of Virginia School of Law
Downloads 466 (45,174)

Abstract:

Contracts, law and economics, international law, international trade

7.

Regulatory Cooperation and Competition - The Search for Virtue

University of Virginia Law School, Legal Studies Working Paper No. 99-12
Number of pages: 71 Posted: 18 Jul 1999
Paul B. Stephan III
University of Virginia School of Law
Downloads 464 (47,907)
Citation 4

Abstract:

8.

Rationality and Corruption in the Post-Socialist World

Univerity of Virginia Law School, Legal Studies Working Paper No. 99-11
Number of pages: 15 Posted: 05 Aug 1999
Paul B. Stephan III
University of Virginia School of Law
Downloads 397 (56,451)
Citation 1

Abstract:

9.

Sheriff or Prisoner? The United States and the World Trade Organization

UVA School of Law Public Law Working Paper No. 00-10
Number of pages: 30 Posted: 24 May 2000
Paul B. Stephan III
University of Virginia School of Law
Downloads 395 (56,602)
Citation 2

Abstract:

10.

Taxation and Expropriation - The Destruction of the Yukos Oil Empire

Houston Journal of International Law, Forthcoming, Virginia Public Law and Legal Theory Research Paper No. 2012-48
Number of pages: 63 Posted: 30 Aug 2012
Paul B. Stephan III
University of Virginia School of Law
Downloads 362 (52,697)

Abstract:

Investment protection, international dispute resolution, tax

11.

The Political Economy of Choice of Law

UVA Law & Economics Research Paper No. 01-10
Number of pages: 14 Posted: 21 Nov 2001
Paul B. Stephan III
University of Virginia School of Law
Downloads 315 (74,986)
Citation 5

Abstract:

12.

Courts, Tribunals, and Legal Unification - The Agency Problem

Univ. of Virginia Law & Econ Research Paper No. 02-16
Number of pages: 21 Posted: 26 Nov 2002
Paul B. Stephan III
University of Virginia School of Law
Downloads 259 (83,461)
Citation 2

Abstract:

13.

The Political Economy of Extraterritoriality

APSA 2011 Annual Meeting Paper
Number of pages: 19 Posted: 01 Aug 2011 Last Revised: 14 Aug 2011
Paul B. Stephan III
University of Virginia School of Law
Downloads 249 (96,965)
Citation 1

Abstract:

14.

Institutions and Elites: Property, Contract, the State, and Rights in Information in the Global Economy

UVA Law & Economics Research Paper No. 01-9
Number of pages: 11 Posted: 21 Nov 2001
Paul B. Stephan III
University of Virginia School of Law
Downloads 245 (102,009)

Abstract:

15.

Redistributive Litigation - Judicial Innovation, Private Expectations and the Shadow of International Law

UVA Law and Economics Research Paper No. 01-4
Number of pages: 60 Posted: 09 May 2001
Paul B. Stephan III
University of Virginia School of Law
Downloads 244 (101,144)
Citation 1

Abstract:

16.

International Governance and American Democracy

UVA School of Law, Public Law Working Paper No. 00-9
Number of pages: 26 Posted: 24 May 2000
Paul B. Stephan III
University of Virginia School of Law
Downloads 235 (105,499)
Citation 2

Abstract:

17.

Privatizing International Law

Virginia Law and Economics Research Paper No. 2011-02
Number of pages: 59 Posted: 08 Mar 2011 Last Revised: 24 Mar 2011
Paul B. Stephan III
University of Virginia School of Law
Downloads 195 (120,611)

Abstract:

18.

Comparative Taxation Procedure and Tax Enforcement

Number of pages: 19 Posted: 04 May 2009
Paul B. Stephan III
University of Virginia School of Law
Downloads 184 (122,315)

Abstract:

19.

The Limits of Change: International Human Rights Under the Obama Administration

Virginia Public Law and Legal Theory Research Paper No. 2011-30
Number of pages: 15 Posted: 09 Sep 2011
Paul B. Stephan III
University of Virginia School of Law
Downloads 177 (133,125)

Abstract:

20.

Symmetry and Selectivity: What Happens in International Law When the World Changes

Chicago Journal of International Law, Forthcoming
Number of pages: 52 Posted: 26 Jan 2009
Paul B. Stephan III
University of Virginia School of Law
Downloads 166 (142,218)

Abstract:

international law, international relations

21.

Treaties in the Supreme Court: 1946-2000

Virginia Public Law and Legal Theory Research Paper No. 2010-06
Number of pages: 68 Posted: 26 Feb 2010 Last Revised: 07 Mar 2010
Paul B. Stephan III
University of Virginia School of Law
Downloads 164 (142,218)

Abstract:

treaties, international law, supreme court, direct effect, interpretation

22.

The Cold War and Soviet Law

University of Virginia Law School, Legal Studies Working Paper No. 99-13
Number of pages: 12 Posted: 05 Aug 1999
Paul B. Stephan III
University of Virginia School of Law
Downloads 144 (159,008)

Abstract:

23.

A Becoming Modesty: U.S. Litigation in the Mirror of International Law

UVA School of Law, Public Law Research Paper No. 02-16
Number of pages: 29 Posted: 26 Nov 2002
Paul B. Stephan III
University of Virginia School of Law
Downloads 132 (174,222)
Citation 3

Abstract:

24.

Regulatory Competition and Anticorruption Law

Virginia Journal of International Law, Vol. 53, 2012, Forthcoming, Virginia Law and Economics Research Paper No. 2012-09
Number of pages: 28 Posted: 29 Aug 2012
Paul B. Stephan III
University of Virginia School of Law
Downloads 116 (180,504)

Abstract:

regulatory competition, bribery, corruption, antitrust

25.

Empagran - Empire Building or Judicial Modesty?

Virginia Public Law and Legal Theory Research Paper No. 2010-07
Number of pages: 11 Posted: 26 Feb 2010 Last Revised: 26 Mar 2010
Paul B. Stephan III
University of Virginia School of Law
Downloads 98 (207,294)

Abstract:

antitrust, international law, statutory interpretation, civil litigation

26.

Disaggregating Customary International Law

Virginia Public Law and Legal Theory Research Paper No. 2010-08
Number of pages: 12 Posted: 26 Feb 2010 Last Revised: 04 Mar 2010
Paul B. Stephan III
University of Virginia School of Law
Downloads 74 (255,948)

Abstract:

international law, international relations

27.

Courts on Courts: Contracting for Engagement and Indifference in International Judicial Encounters

Number of pages: 119 Posted: 19 Feb 2013
Paul B. Stephan III
University of Virginia School of Law
Downloads 62 (283,291)

Abstract:

international civil litigation, international law, contract theory

28.

What Story Got Wrong - Federalism, Localist Opportunism and International Law

Number of pages: 33 Posted: 02 Oct 2008
Paul B. Stephan III
University of Virginia School of Law
Downloads 54 (294,961)
Citation 1

Abstract:

international law

29.

Open Doors

Lewis & Clark Law Review, Vol. 13, 2008
Number of pages: 35 Posted: 02 Oct 2008
Paul B. Stephan III
University of Virginia School of Law
Downloads 52 (302,354)

Abstract:

30.

United States v. Bond and Information-Forcing Defaults: The Work that Presumptions Do

Virginia Law and Economics Research Paper No. 4, Virginia Public Law and Legal Theory Research Paper No. 2
Number of pages: 31 Posted: 13 Jan 2015 Last Revised: 26 Jan 2015
Paul B. Stephan III
University of Virginia School of Law
Downloads 36 (351,770)

Abstract:

foreign relations law, statutory interpretation

31.

The Political Economy of Judicial Production of International Law

This draft was presented at a conference on political economy and international law organized by University "La Sapienza" in May 2014. The proceedings of this conference will be edited by Professor Alberta Fabbricotti and published by Edward Elgar in 2016.
Number of pages: 29 Posted: 29 Jun 2015
Paul B. Stephan III
University of Virginia School of Law
Downloads 2 (418,639)
Citation 1

Abstract:

international law, courts, political economy

32.

Competing Sovereignty and Laws' Domains

Virginia Public Law and Legal Theory Research Paper No. 2017-04, Virginia Law and Economics Research Paper No. 2017-02
Number of pages: 70 Posted: 25 Jan 2017
Paul B. Stephan III
University of Virginia School of Law
Downloads 0 (270,106)

Abstract:

international law, choice of law, rational choice theory of international relations

33.

Agora: Reflections on RJR Nabisco v. European Community - Private Litigation as a Foreign Relations Problem

110 American Journal of International Law Unbound 40 (2016), Virginia Public Law and Legal Theory Research Paper 2016-46
Number of pages: 6 Posted: 24 Aug 2016
Paul B. Stephan III
University of Virginia School of Law
Downloads 0 (459,938)

Abstract:

34.

The Political Economy of International Law. A European Perspective

The Political Economy of International Law. A European Perspective, by Edward Elgar Publishing Limited, 2016
Posted: 10 Aug 2016 Last Revised: 19 Jul 2017
Alberta Fabbricotti, Eyal Benvenisti, Laurence Boisson de Chazournes, Barbara Delcourt, Evisa Kica, Ulyana Kohut, Tobias A. Lehmann, Meredith Kolsky Lewis, Marion Panizzon, Panos Merkouris, Andre Nollkaemper, Niels Petersen, Paul B. Stephan III, Joel P. Trachtman, Anne van Aaken, Daniela Vitiello, Andreas von Staden, Ramses A. Wessel and Jan Wouters
Sapienza University of Rome, University of Cambridge Faculty of Law, University of Geneva - Faculty of Law - Department of Public International Law, Independent, Independent, Independent, University of St. Gallen - LS: School of Law, Students, University at Buffalo Law School, University of Bern Law School, University of Groningen - Faculty of Law, University of Amsterdam - Amsterdam Center for International Law, University of Muenster – Faculty of Law, University of Virginia School of Law, Tufts University - The Fletcher School of Law and Diplomacy, University of St. Gallen - Law Department, Independent, Faculty of Economics and Social Sciences, University of Hamburg, University of Twente - Centre for European Studies and Katholieke Universiteit Leuven - Leuven Centre for Global Governance Studies

Abstract:

35.

Comparative International Law, Foreign Relations Law and Fragmentation: Can the Center Hold?

Virginia Public Law and Legal Theory Research Paper No. 18
Number of pages: 28 Posted: 08 Feb 2016
Paul B. Stephan III
University of Virginia School of Law
Downloads 0 (297,419)

Abstract:

36.

The Problem with Cooperation

Posted: 02 Oct 2008
Paul B. Stephan III
University of Virginia School of Law

Abstract:

37.

An Empirical Assessment of the Impact of Formal versus Informal Dispute Resolution on Poverty: A Governance-Based Approach

Downloads 0 (558,214)

An Empirical Assessment of the Impact of Formal versus Informal Dispute Resolution on Poverty: A Governance-Based Approach

International Review of Law and Economics, Vol. 25, pp. 89-106, 2005
Posted: 19 Sep 2006
Edgardo Buscaglia and Paul B. Stephan III
International Law and Economic Development Center and University of Virginia School of Law

Abstract:

Justice, judicial reform, corruption, alternative dispute resolution, courts, corruption

An Empirical Assessment of the Impact of Formal Versus Informal Dispute Resolution on Poverty: A Governance-Based Approach

International Review of Law and Economics, Vol. 25, No. 1, pp. 89-106, 2005
Posted: 11 Dec 2006 Last Revised: 04 Aug 2013
Edgardo Buscaglia and Paul B. Stephan III
International Law and Economic Development Center and University of Virginia School of Law

Abstract:

alternative dispute resolution, judicial reform, legal reform, economic development, corruption, organized crime, judicial effectiveness, selectivity, processing capacity, case management, cost-benefit

38.

Richardson v. McKnight and the Scope of Immunity after Privatization

UVA Law School, Legal Studies Working Paper No. 00-10
Posted: 04 May 2000
Clayton P. Gillette and Paul B. Stephan III
New York University School of Law and University of Virginia School of Law

Abstract:

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