Trade
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The UN and the Cambodian government have finally established a “hybrid-style” tribunal in Phnom Penh to begin prosecuting senior leaders from the genocidal Khmer Rouge regime that caused the deaths of 1.7 million Cambodians more than thirty years ago. This tribunal is widely viewed as one of the most important experiments in transitional justice in a post-conflict society. Prof. Hall will show, however, that the hybrid structure mixing international and local lawyers, judges, and staff is deeply flawed. Cambodia’s legal system is notoriously corrupt, inefficient, and politically controlled. Predictably, the UN-sponsored tribunal has been plagued by accusations of corruption, opacity, distrust, and woeful human resource management. Against this backdrop, the international lawyers and judges at the tribunal continue their up-hill battle to forge a venue that meets minimum international legal standards.

John A. Hall specializes in international law and human rights. His controversial 21 September 2007 op ed in the Wall Street Journal (“Yet Another U.N. Scandal”) helped focus international attention on corruption and mismanagement at the Khmer Rouge tribunal. In addition to writing widely on Cambodia, he has worked for Legal Aid of Cambodia in Phnom Penh and the Public Interest Law Center in the Philippines. He holds a doctorate in Modern History from Oxford University, graduated from Stanford Law School in 2000, and before going to law school was a tenured professor of history.

John Ciorciari is Senior Legal Advisor to the Documentation Center of Cambodia, a leading NGO dedicated to accountability for the abuses of the Khmer Rouge regime. He holds a JD from Harvard Law School and a PhD from Oxford University.

Daniel and Nancy Okimoto Conference Room

John Hall Associate Professor of Law and Director of the Center for Global Trade & Development Speaker Chapman University School of Law

Hoover Institution
Stanford, CA 94305

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Affiliate - Southeast Asia Forum
CiociariHeadshot.jpg JD, PhD

John D. Ciorciari was a Shorenstein Postdoctoral Fellow at Shorenstein APARC for 2007-2008.  Dr. Ciorciari will remain at Stanford for the academic year 2008-09 as a National Fellow of the Hoover Institution. His current research centers on the alignment policies of small states and middle powers in the Asia-Pacific region. He focuses particularly on the phenomenon of "hedging," whereby secondary states pursue a balance of security and autonomy vis-a-vis the great powers.

Dr. Ciorciari also has interests in international human rights law and international finance. Before coming to Stanford, he served as Deputy Director of the Office of South and Southeast Asia at the U.S. Treasury Department. He has published articles on the reform of the Bretton Woods institutions and is currently undertaking a project on financial cooperation in East Asia.

In addition, he serves as a Senior Legal Advisor to the Documentation Center of Cambodia, which assists the Khmer Rouge tribunal and conducts research into the history of Democratic Kampuchea. He has published a range of scholarly works on international criminal law and the Khmer Rouge accountability process.

Dr. Ciorciari received an AB and JD from Harvard, where he was editor-in-chief of the Harvard International Law Journal. He received his MPhil and DPhil from Oxford, where he was a Fulbright Scholar and Wai Seng Senior Research Scholar.

John Ciorciari Discussant - 2007-2008 Shorenstein Fellow Commentator
Seminars

Shorenstein APARC
Stanford University
Encina Hall E301
Stanford, CA 94305-6055

(650) 726-0685 (650) 723-6530
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Visiting Scholar, 2009-12
CvL_APARC_Photo_-_Oct_2010_2.jpg MA, PhD

Christian von Luebke is a political economist with particular interest in democracy, governance, and development in Southeast Asia. He is currently working on a research project that gauges institutional and structural effects on political agency in post-Suharto Indonesia and the post-Marcos Philippines. During his German Research Foundation fellowship at Stanford he seeks to finalize a book manuscript on Indonesian governance and democracy and teach a course on contemporary Southeast Asian politics.

Before coming to Stanford, Dr. von Luebke was a research fellow at the Center of Global Political Economy at Waseda (Tokyo), the Institute for Developing Economies (Chiba), and the Center for Strategic and International Studies (Jakarta). He received a JSPS postdoctoral scholarship from the Japan Science Council and a PhD scholarship from the Australian National University.

Between 2001 and 2006, he worked as technical advisor in various parts of rural Indonesia - for both GTZ and the World Bank. In 2007, he joined an international research team at the Institute of Development Studies (IDS) analyzing the effects of public-private action on investment and growth.

Dr. von Luebke completed his Ph.D. in 2008 in Political Science at the Crawford School of Economics and Government, the Australian National University. He also holds a Masters in Economics and a B.A. in Business and Political Science from Muenster University.

His research on contemporary Indonesian politics, democratic governance, rural investment, and leadership has been published in the Bulletin of Indonesian Economic Studies, Contemporary Southeast Asian Affairs, Asian Economic Journal, and ISEAS. He regularly contributes political analyses on Southeast Asia to Oxford Analytica.

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Lant Pritchett is Professor of the Practice of Economic Development at the Kennedy School of Government at Harvard University (as of July 1, 2007).

In addition he works as a consultant to Google.org, is a non-resident fellow of the Center for Global Development, and is a senior fellow of BREAD. He is also co-editor of the Journal of Development Economics.

He graduated from Brigham Young University in 1983 with a B.S. in Economics and in 1988 from MIT with a PhD in Economics.

After finishing at MIT Lant joined the World Bank, where he held a number of positions in the Bank's research complex between 1988 and 1998, including as an adviser to Lawrence Summers when he was Vice President 1991-1993. From 1998 to 2000 he worked in Indonesia. From 2000 to 2004 Lant was on leave from the World Bank as a Lecturer in Public Policy at the Kennedy School of Government at Harvard University. In 2004 he returned to the World Bank and moved to India where he worked until May 2007.

He has been part of the team producing many World Bank reports, including: World Development Report 1994: Infrastructure for Development, Assessing Aid: What Works, What Doesn't and Why (1998), Better Health Systems for Indias Poor: Findings, Analysis, and Options (2003), World Development Report 2004: Making Services Work for the Poor, Economic Growth in the 1990s: Learning from a Decade of Reforms (2005).

In addition he has authored (alone or with one of his 22 co-authors) over 50 papers published in refereed journals, chapters in books, or as articles, as least some of which are sometimes cited. In addition to economics journals his work has appeared in specialized journals in demography, education, and health. In 2006 he published his first solo authored book Let Their People Come.

Lant, an American national, was born in Utah in 1959 and raised in Boise Idaho. Perhaps because of this, he has worked in, or traveled to, over forty countries and has lived in three other countries: Argentina (1978-80), Indonesia (1998-2000), and India (2004-2007).

CISAC Conference Room

Lant Pritchett Professor, Practice of Economic Development at the Kennedy School of Government Speaker Harvard University
Seminars
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Teh-wei Hu is a Professor Emeritus of health economics at the University of California, Berkeley.  At Berkeley, he served as associate dean (1999-2002) and department chair (1990-1993) in the School of Public Health.  He received his PhD in Economics from the University of Wisconsin.  

During the past 40 years, Professor Hu has been teaching and conducting research in health economics, particularly in healthcare financing and the economics of tobacco control.  Hu was a Fulbright scholar in China. He has served as consultant or advisor to the World Bank, the World Health Organization, the National Institutes of Health, the Institute of Medicine, the Rand Corporation, the Ministry of Health in the People's Republic of China, Department of Health and Welfare in Hong Kong, Department of Health in the Republic of China (Taiwan), and many private research institutions and foundations. 

Professor Hu will speak to us immediately after an April trip to China, sharing his research and perspectives on the economics of tobacco control and the debate about healthcare system reforms in China (including a possible link between the two through financing expansions in coverage through increased tobacco taxation).

Philippines Conference Room

Teh-wei Hu Professor Emeritus Speaker University of California, Berkeley, School of Public Health
Seminars

This is the second meeting of the “Just Supply Chains” working group, to be held at Stanford University on May 16-17, 2008. It will builds on the themes and debates that came out of our first meeting, held at MIT in January, 2008, but extends them by focusing more on issues related to national level and global regulation. Please find, attached, a description of the Just Supply Chains project.  

Our first meeting brought together an exciting group of academics, business managers, leaders of various labor-rights NGOs, and representatives of the ILO to discuss the role of corporate codes of conduct and other private voluntary efforts have played in promoting just employment relations in global supply chains. We focused on issues of fair compensation, decent and healthy working conditions, and rights of association. Although this first meeting also discussed some innovative experiments taking place within certain sectors or even within individual nation-states, the bulk of our time was spent debating the possibilities and limitations of private voluntary regulatory efforts promoted by both corporations and NGOs.

Five key themes/questions emerged from our January meeting: 

  1. What are the costs and benefits associated with traditional labor compliance programs and how are these costs and benefits distributed among the different actors operating across global supply chains?
  2. Related to this first theme is a second set of questions about “ethical consumption.”
  3. A third issue that emerged from our discussions in January centered on independent unions and the rights of individual workers to associate and bargain collectively for improved wages, working conditions, and work hours.
  4. Our fourth set of concerns builds directly on the previous issues: What can we learn from various national-level experiments with regulatory reform, especially in some of the larger developing countries?
  5. Finally, how do global governance arrangements, in particular as they relate to bilateral and multilateral trade arrangements impact the promotion of just working conditions across global supply chains?

These five themes will be the focus of our May 16-17 workshop at Stanford. As with our first workshop, our minimal hope is to establish a common basis of knowledge and generate lively discussions around these important issues. Our more ambitious agenda is to generate a collaborative research agenda on these issues – research that will have an important impact not only on various academic disciplines but also on real-world practice and policy. To facilitate these two goals, we have once again invited a diverse group of academics, business managers, and NGO and IGO representatives to share their respective knowledge and engage in collective discussions and debates.

» Just Supply Chains - May Papers and Powerpoints (password protected)

Bechtel Conference Center

Program on Global Justice
Encina Hall West, Room 404
Stanford University
Stanford, CA 94305

(650) 723-0256
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Marta Sutton Weeks Professor of Ethics in Society, and Professor of Political Science, Philosophy, and Law
cohen.jpg MA, PhD

Joshua Cohen is a professor of law, political science, and philosophy at Stanford University, where he also teaches at the d.school and helps to coordinate the Program on Liberation Technology. A political theorist trained in philosophy, Cohen has written extensively on issues of democratic theory—particularly deliberative democracy and the implications for personal liberty, freedom of expression, and campaign finance—and global justice. Cohen is author of On Democracy (1983, with Joel Rogers); Associations and Democracy (1995, with Joel Rogers); Philosophy, Politics, Democracy (2010); The Arc of the Moral Universe and Other Essays (2011); and Rousseau: A Free Community of Equals (2011). Since 1991, he has been editor of Boston Review, a bi-monthly magazine of political, cultural, and literary ideas. Cohen is currently a member of the faculty of Apple University.

CDDRL Affiliated Faculty
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Joshua Cohen Director of the Program on Global Justice Panelist
Richard Locke Professor of Political Science Speaker MIT
Conferences
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Jon Pevehouse, an associate professor at the Harris School, has written widely on international organizations and international political economy issues in the field of international relations. His most recent work focuses on American foreign policy and how domestic political institutions constrain the president's ability to exercise military force abroad. He also is involved in an ongoing project on the political implications of regional trade integration.

Pevehouse's previous work has examined reciprocity within regional political conflicts, democratization and regional organizations, the political-military implications of international organizations, and economic interdependence. He is the author of Democracy from Above? Regional Organizations and Democratization (Cambridge University Press, 2005) and (with William Howell) While Dangers Gather: Congressional Checks on Presidential War Powers (Princeton University Press, 2007). He is also the author (with Joshua Goldstein) of International Relations (Longman Press), the leading undergraduate text on international relations.

Prior to arriving at University of Chicago, Pevehouse was in the political science department at the University of Wisconsin, where he received the Chancellor's Distinguished Teaching Award. Pevehouse received his B.A. in political science, with honors and highest distinction, from the University of Kansas and received his Ph.D. in political science from Ohio State University.

Encina Ground Floor Conference Room

Jon Pevehouse Associate Professor Speaker Harris School of Public Policy, University of Chicago
Seminars
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Clare Lockhart is co-founder and Director of the Institute for State Effectiveness, advising a number of countries on their approaches to state-building. Between 2001 and 2005, she worked as UN adviser to the Bonn Agreement in Afghanistan and advised the Government of Afghanistan, where she led a number of national initiatives. She returned in 2006-7 as Adviser to NATO and ISAF. Previously she managed a World Bank program on institutional and organizational analysis, designing governance and legal reform approaches, adapting techniques from the private sector and military domains to public sector management, designing toolkits, training seminars and operational guidelines.

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fixing failed states small
She has practiced as a constitutional and human rights barrister and is trained in history, law and economics. She has authored a number of papers and toolkits on state-building and development, including the book, Fixing Failed States, OUP 2008.

Fixing Failed States: A Framework for Rebuilding a Fractured World
Ashraf Ghani and Clare Lockhart, Apr 2008

Encina Ground Floor Conference Room

Clare Lockhart Co-Founder and Director Speaker the Institute for State Effectiveness
Seminars

Research and development are key elements of a competitive and dynamic knowledge-based economy. Patents, in particular, are a driving force for promoting innovation and growth. At the 2007 Summit in Washington, the EU and U.S. emphasized their joint goal to strengthen the transatlantic economic partnership including a strong focus on Intellectual Property Rights. Transatlantic trade barriers and unnecessary differences between the regulatory systems of the U.S. and Europe shall be eliminated or at least reduced.

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STANFORD, Calif., February 14, 2008—Stanford Law School today announced that O’Melveny & Myers law firm and a number of its current and retired partners have committed $1.5 million over five years to permanently endow the Warren Christopher Professorship of the Practice of International Law and Diplomacy. The gift is one of the largest from a law firm to fund a faculty position at the law school.

The joint appointment between Stanford Law School and the Freeman Spogli Institute for International Studies (FSI) was first established as a visiting position in fall 2003 to pay tribute to Warren Christopher, a former Secretary of State of the United States and an alumnus of Stanford Law School. Christopher is considered by many to be the consummate lawyer-statesman—multifaceted and unsurpassed in his ability to bridge the gap between national interests and global affairs, and public service and private enterprise. Among his many accomplishments, his negotiations played a key role in the release of American hostages in Iran; he chaired the commission that investigated the Rodney King assault and subsequent riots in Los Angeles; and he served on the California Hate Crimes Task Force. Today he continues as a senior partner at O’Melveny & Myers, and is co-chair—along with former Secretary James A. Baker III—of the National War Powers Commission.

“This gift, in honor of one of the nation’s greatest statesmen, provides a lasting endowment to support the study and teaching of international issues that impact the world and its future,” said Stanford Law School Dean Larry Kramer. “What we teach our students about practicing law in a global context—whether it’s about easing relationships between governments, or conducting cross-border transactional work for private parties—has been profoundly shaped by all that Warren Christopher has accomplished over his lifetime.”

Because most lawyers have a multinational dimension to their practice today, the law school is expanding its international law program and shaping its entire curriculum to better prepare its graduates to practice across national borders. The Warren Christopher chair is a key part of that transformation.

“We are delighted to support the Christopher chair and thereby to recognize Warren Christopher’s many accomplishments, and his continuing example and service,” said A.B. Culvahouse, chairman of O’Melveny & Myers. “The values that Chris represents are those of our firm, and we are pleased that the Christopher chair will continue to honor Warren Christopher’s excellence, leadership and citizenship.”

Stanford Law School’s innovative curriculum immerses students in the theory and practice of international law through combined legal, business organization, and policy studies. The faculty approaches international law not just as a subject for academic inquiry but also as a force for change in the world. They fundamentally understand how law operates in relation to governments, international organizations, and the global economy because they have practiced international law in these contexts. For example, faculty who teach public international law and international human rights have served as lawyers in the U.S. Department of State and litigated terrorism cases before the Supreme Court of the United States. Faculty who teach international deal making and arbitration have completed complex international transactions and litigated disputes over international agreements. Along with teaching international human rights law, international criminal law, and international administrative law, the law school also teaches international trade, international business, comparative law, international tax, international administrative law—and the interplay between public and private law in the global arena.

The idea for the Christopher chair was driven by Stanford Law School alumnus Richard L. Morningstar, former U.S. Ambassador to the European Union, and his wife Faith Morningstar. Many other supporters joined the Morningstars in initially underwriting the professorship, including Edison International and the Carnegie Corporation of New York, of which Christopher is a former chairman. O’Melveny & Myers partner Steve Warren spearheaded the firm’s gift effort.

"We are so pleased that O’Melveny & Myers has chosen to give this magnificent gift in honor of one of the most inspirational statesmen of the 20th century," said Coit D. Blacker, director of FSI. "This gift will ensure that Warren Christopher's legacy, his commitment to public policy, and his exemplary service to our nation will live on for generations of Stanford students."

In 2003, Allen S. Weiner was appointed as the inaugural Warren Christopher Professor of the Practice of International Law and Diplomacy as a visiting chair, both to Stanford Law School and the Stanford Institute for International Studies (the precursor to FSI). Weiner is a former State Department attaché and legal counselor for the U.S. Embassy in The Hague, and is involved in the effort to stop global proliferation of weapons of mass destruction. During his tenure as Warren Christopher Professor of the Practice of International Law and Diplomacy, Weiner taught and conducted research in the fields of public international law and foreign relations law of the United States. Weiner remains at Stanford Law School as a senior lecturer in international law, co-director of the Stanford Program in International Law, and co-director of the Stanford Center on International Conflict and Negotiation (SCICN).

Following Allen Weiner, William H. Taft IV was appointed to the Warren Christopher Professorship of the Practice of International Law and Diplomacy through the 2007-2008 school year, teaching Contemporary Issues in International Law and Diplomacy and Foreign Relations Law. Like Weiner, he also joined FSI at Stanford as a visiting scholar. Taft is a former Deputy Secretary of Defense and U.S. Ambassador to NATO. He served at the Federal Trade Commission, in the Office of Management and Budget, was general counsel at the U.S. Department of Health, Education and Welfare, and was the U.S. Department of State's Legal Advisor, the highest legal position in the department. Taft also worked for several years in private practice, and is currently of counsel in the Washington D.C. office of Fried Frank Harris Shriver & Jacobson.

About Stanford Law School

Stanford Law School is one of the nation’s leading institutions for legal scholarship and education. Its alumni are among the most influential decision makers in law, politics, business, and high technology. Faculty members argue before the Supreme Court, testify before Congress, and write books and articles for academic audiences, as well as the popular press. Along with offering traditional law school classes, the school has embraced new subjects and new ways of teaching.

About the Freeman Spogli Institute

The Freeman Spogli Institute for International Studies (FSI) is Stanford University's primary center for rigorous and innovative research on the major international issues and challenges of our time. FSI builds on Stanford's impressive intellectual strengths and exacting academic standards through interdisciplinary research conducted by its university-wide faculty, researchers, and visiting scholars.

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Since China joined the World Trade Organization (WTO) in 2001, its already cheap labor force has been exposed to global market competition. The country’s domestic employment situation, particularly with respect to guarantees of workers’ rights and interests, has likewise come under pressure. In the years from 1999 to 2002, recorded urban unemployment rates regularly increased, from 3.1 percent in 1999 and 2000, to 3.6 percent and 4.0 percent in 2001 and 2002, respectively. At the end of March 2003, they rose again to 4.1 percent. The number of labor disputes received by labor dispute arbitration committees at every level reached 184,000 by 2002, with the number of participating workers climbing to 610,000, numbers that were 19.1 percent and 30.2 percent higher, respectively, than the previous year. In short, while China’s participation in the WTO propelled economic development, trade system reform, adjustments to the economic structure, and privatization of enterprise, it also resulted in an uneasy state of affairs for labor and management relations. For instance, in October 2004, at Shenzhen’s Hong Kong-owned Meizhi Haiyan Electronics Factory, four thousand people went on strike and blockaded the roads to protest low wages.

In November 2004, amid concerns about deteriorating working conditions at foreign-funded enterprises, the All China Federation of Trade Unions (ACFTU) confronted Chinese locations of WalMart, which is well known for obstructing the establishment of trade unions. The ACFTU declared: “They [WalMart] are in violation of the Trade Union Law, and we are prepared to sue them.” WalMart yielded, conceding that, “[i]f workers ask to establish a trade union, we will respect that request, [and] fulfill our duties and responsibilities under the Trade Union Law.” This landmark event demonstrated not only the ACFTU’s power in a direct confrontation, but also its opposition to the intensifying WTO-driven competition in the Chinese labor market. Thus far, the power of trade unions in general and the ACFTU in particular has been felt primarily at foreign-funded enterprises. But what about locally owned and operated enterprises?

In order to understand the actual level of autonomy that trade unions enjoy at the grassroots level, the chairmen of 1,811 trade unions in major cities and provinces—including Liaoning, Beijing, Shanghai, Zhejiang, Guangdong, Gansu, Guizhou, and Henan—completed a questionnaire survey. The Chinese Institute of Industrial Relations (Beijing) facilitated the survey, which was carried out between March 2004 and June 2006. The major findings confirm that, although the independence of trade unions at foreign-funded enterprises has increased, the unions’ autonomy at local level enterprises remains fairly low. According to survey results, China continues to be a predominantly state-corporatist system, between the Chinese Communist Party (CCP) on the one hand and workers and state-owned/state-held enterprises on the other.

The survey revealed other data about the leadership of China’s state-owned/state-held enterprises. Most notably, the Party organization was still appointing 24.5 percent of the chairmen of these work units. Even in cases where chairmen assumed their posts through election or open selective examinations, 35.1 percent of them participated in the election or examinations after the Party recommended them to the work unit in question (see figure 1). The ratio of chairmen who are CCP members to those who serve concurrently as a “secretary,” “vice-secretary,” or member of the Party committee at a corresponding level reached high percentages, of 90.0 percent and 46.4 percent, respectively. In addition, 72.1 percent of the chairmen of state-owned/state-held enterprises answered in the survey that their union committee had established a Party group or Party branch at their workplace. These data clearly indicate that, unlike their counterparts at foreign-funded companies, the trade unions of state-owned/state-held enterprises not only lack autonomy, and but that their management also often remains subject to Party control.

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