Human Rights

Shorenstein APARC
Stanford University
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POSCO NGO Fellow
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Mi-Sun Kim is secretary-general of Migrant Workers Health Association in Korea, a non-governmental and non-profit organization working on migrants' health rights and wellbeing. She has also been involved in international advocacy work in promoting and protecting the rights of migrant workers and their families through the Joint Committee for Migrant Workers in Korea.

Mi-Sun co-authored Cultural Guidebook for Foreign Migrant Workers (Ministry of Culture and Tourism, 2005), The Report on the Foreign Migrant Workers' Human Rights (Dasan Geulbang, 2001), The Report on the Migrant Workers' Health (Young Doctor, 2001), and was part of a research project titled Survey on Foreign Migrant Workers in Korea (National Human Rights Commission, 2002).

As an NGO activist, she is interested in the formation and maintenance of transnational advocacy networks and their impact on policy development. She holds a B.A in history and studied international organizations at Korea University Graduate School of International Studies.

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Michael A. McFaul
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The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University has concluded its second year of Stanford Summer Fellows on Democracy and Development. This year's fellows - 26 outstanding civic, political, and economic leaders from 21 countries in transition - were selected from more than 800 applications.

The summer fellows program brought leaders from important, transitioning countries such as Iraq, Afghanistan, Iran, Pakistan, China, and Russia to Stanford for three weeks (this year, July 31 to August 18). The new summer fellows included presidential advisers, prominent journalists, key figures in human rights and democracy movements, academics, and representatives of international governmental and non-governmental organizations. The fellows participated in morning seminars with leading Stanford faculty, including CDDRL director Michael A. McFaul, Kathryn Stoner, Larry Diamond, Avner Greif, Erik Jensen, and Stanford President Emeritus Gerhard Casper. In the afternoons, fellows attended talks by keynote speakers and led class sessions themselves, sharing insight into how reform progressed (or failed to progress) in their home countries and exchanging ideas for positive change. This year's keynote speakers included Carl Gershman, the president of the National Endowment for Democracy; Joan Blades, co-founder of MoveOn.org; Marc Pomar, president of the International Research and Exchanges Board (IREX); and Judge Pamela Rymer, United States Court of Appeals for the Ninth Circuit.

The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University's Freeman Spogli Institute for International Studies (FSI) seeks to promote innovative and practical research to assist transitioning countries design and implement policies that will foster democracy, promote balanced and sustainable growth, and advance the rule of law. It supports specialized teaching, training, and outreach to assist countries struggling with political, economic, and judicial reform, constitutional design, economic performance and corruption.

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This paper was discussed at the Global Justice workshop on October 20, 2006.

Abstract of Richard Locke's "Beyond Corporate Codes of Conduct: Work Organization and Labor Standards in Two Mexican Garment Factories":

This paper presents a matched pair case study of two factories supplying Nike, the world's largest athletic footwear and apparel company. These two factories have many similarities - both are in Mexico, both are in the apparel industry, both produce more or less the same products for Nike (and other brands) and both are subject to the same code of conduct. On the surface, both factories appear to have similar employment (i.e., recruitment, training, remuneration) practices and they receive comparable scores when audited by Nike's compliance staff. However, actual labor conditions exist between these two factories. What drives these differences in working conditions? What does this imply for traditional systems of monitoring and codes of conduct? Field research conducted at these two factories reveals that beyond the code of conduct and various monitoring efforts aimed at enforcing it, workplace conditions and labor standards are shaped by very different patterns of work organization and human resource management policies.

About the Author

Richard Locke is professor of political science at Massachusetts Institute of Technology (MIT). He is also faculty director of the MIT Sloan Fellows program and co-director of the MIT Italy program. His research focuses on economic development, comparative labor relations, and political economy.

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This paper was discussed at the Global Justice workshop on November 3, 2006.

Abstract of Seema Jayachandran's "Applying the Odious Debts Doctrine while Preserving Legitimate Lending":

Odious debts are debts incurred by the government of a nation without either popular consent or a legitimate public purpose. While there is some debate within academic circles as to whether the successor government to a regime which incurred odious debts has the right to repudiate repayment, in the real world this is currently not an option granted legitimacy either by global capital markets or the legal systems of creditor states. There are compelling reasons to reform the law of odious debts to allow for such a repudiation in citizens of a tyrant to repay their oppressor's personal debts, but the burden of odious-debt servicing can perpetuate the cycle of state failure which has direct national security consequences. In addition, a properly designed odious debt reform could function as an alternative sanctions mechanism to trade sanctions with fewer harmful implications for the general population of the targeted state. Classical proponents of odious debt reform advocate for recognition of a legal rule under which successor governments could challenge the validity of debts incurred by prior regimes against the odious debt legal standard in a judicial-style forum. We make the case for an alternative "Due Diligence" model of reform which provides far greater ex ante certaining for lenders both as to which investments from subsequent invalidation. The Due Diligence Model also solves certain time-consistency problems inherent to the Classical model.

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Seema Jayachandran is assistant professor of economics at Stanford University. She received her PhD in economics from Harvard University. She specializes in development economics, labor economics, and political economy.

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Is there a human right to democracy? My answer, in brief, is ‘no’. Five interconnected claims will play a role in my argument for this conclusion:

  1. Justice requires democracy.
  2. Human rights are a proper subset of the rights founded on justice: so a society that fully protects human rights is not ipso facto just.
  3. A conception of human rights is part of an ideal of global public reason: a shared basis for political argument that expresses a common reason that adherents of conXicting religious, philosophical, and ethical traditions can reasonably be expected to share.
  4. That conception includes an account of membership, and human rights are entitlements that serve to ensure the bases of membership.
  5. The democracy that justice requires is associated with a demanding conception of equality, more demanding than the idea of membership associated with human rights.

An underlying thought that runs through the argument is that democracy is a demanding political ideal. The thesis that there is a human right to democracy—while it may seem to elevate democracy—threatens to strip away its demanding substance.

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Oxford University Press in "The Egalitarian Conscience: Essays in Honour of G. A. Cohen"
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Joshua Cohen
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Daniel C. Sneider
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Iran has climbed to No. 1 on the Washington crisis hit parade. The question of how to stop Iran's nuclear program has unleashed a torrent of punditry. Advocates of diplomacy and a military strike spar on television and in op-ed pages.

Iran's nuclear ambitions deserve our attention. But even by the most alarmist estimates, Iran is years away from being able to build a nuclear warhead.

Meanwhile, over in Northeast Asia, North Korea now has enough fissile material for five to seven weapons and is quietly churning out enough plutonium to build at least one warhead a year, according to rough intelligence estimates. More ominously, work is moving ahead on a new reactor that could potentially produce enough separated plutonium for up to 10 weapons a year.

Somehow this danger prompts no sense of urgency in Washington. After a promising breakthrough last September, the six-party talks to halt the program have lapsed into a stalemate that is close to total collapse.

The Bush administration seems unconcerned. Diplomacy has ground to a halt. The North Koreans refuse to return to the six-party talks. The White House has barred its chief negotiator from talking directly with them, despite Pyongyang's desire to meet and the urging of our six-party partners.

Administration officials have recently floated a report that they are considering a new initiative to negotiate a peace treaty with North Korea. This is a smoke-screen to conceal an empty North Korea policy. According to administration officials, the peace treaty idea has been kicking around for months without going anywhere. South Korean officials tell me that they have been waiting, so far in vain, for any serious detailed discussion of this proposal.

It is the president himself who opposes direct negotiations with Pyongyang, over anything, including a peace treaty. He sees direct talks with North Korea or Iran as an act of weakness. "Somehow,'' he said last month, "the world ends up turning the tables on us.''

In reality, the administration is content to pursue a strategy of going after North Korean counterfeit currency and production of amphetamines and cigarettes, hoping to cut off the flow of funds from these activities. According to administration officials, Under Secretary of State Robert Joseph, the driving force behind this policy, gleefully talks about ``turning out the lights'' in Pyongyang.

Administration officials claim they are drying up slush funds that North Korean dictator Kim Jong Il uses to buy the loyalty of his subordinates. Some even suggest this could trigger a coup against Kim, with the Chinese pulling the strings.

But American intelligence experts who monitor North Korea closely see little evidence to support the conclusion that North Korea is being brought to its knees. Even if the measures are drawing blood, it is self-delusional to believe that this will bring down a regime that has already proven it is willing to starve its own population to stay in power.

The administration seems intent as well on pressing China and South Korea to curb their trade and investment with the North. The administration's special envoy on human rights in North Korea, Jay Lefkowitz, seems to spend most of his time attacking the South for setting up an industrial park in Kaesong in the North. He portrays it as exploiting slave labor. The South Koreans defend it as a vehicle to bring capitalism into the communist North.

The Bush administration's combination of attempted coercion and diplomatic freeze has only two visible effects so far.

First, it lends credence to North Korean claims that the United States, contrary to the joint statement issued last September, is still intent on overthrowing their regime.

Second, it undermines gains made by allowing chief envoy Christopher Hill to hold direct talks with his North Korean counterparts. That demonstrated a flexibility and confidence that disarmed critics, particularly in South Korea, and isolated the North. It strengthened coordination with China and South Korea, the two players with the most leverage over the North.

Now officials in both those capitals again question American readiness to seriously negotiate. Beijing and Seoul are even more convinced that pushing market reforms is the only route to bring the North to give up its nuclear option. Next month former South Korean President Kim Dae Jung will revisit his historic summit with the North Korean leader in 2000.

This growing gap with our allies and partners is deadly. Even if we wanted to opt for coercion, the United States can't do so alone. For that reason, it is urgent that the United States regains the diplomatic upper hand.

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Professor Li Shian is a Professor of History and Director of American and European Studies at Beijing's Renmin University. He is the Chief Editor of the journal World History and is a Council Member of the China Society for Human Rights Studies, which he has represented at several international human rights conferences. A former Chairman of the History Department at Renmin University, Dr. Li was awarded his doctorate at the University of Birmingham in 1989, and did post-graduate work at Stanford University from July 1990 to October 1992. He is the author of several books, including A Study of American Human Rights History and A History of the Development of Western Capitalism.

Professor Li will deliver remarks on the role human rights plays in US-China relations, from a Chinese perspective. He will begin with an exposition of human rights in traditional and post-1949 China, and drawing on this, review US-China exchanges on human rights post-June 4, 1989. He will discuss different approaches for addressing what Chinese and Americans both recognize as a central if contentious issue in their relations: respect for international laws as they protect both individual and collective freedoms.

Philippines Conference Room

Li Shian Professor of History and Director of American and European Studies Speaker Beijing's Renmin University
Seminars
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Ambassador Ton-Nu-Thi Ninh is a member of Viet Nam's law-making body, the National Assembly, representing the southern coastal province of Ba Ria Vung Tau. In her position as Vice-Chair of the National Assembly Foreign Affairs Committee, her mission has been to develop and enhance Viet Nam's relations with the countries of North America (particularly, the United States) and Western Europe. She travels frequently to the United States and Europe and regularly interacts with senior government and business leaders both abroad and in Viet Nam. She has also represented Viet Nam in international conferences among world leaders to discuss issues with global implications. She is widely recognized as an effective spokesperson for Viet Nam.

Prior to holding her current position, Mme Ninh served, for over two decades, as a diplomat in Viet Nam's Ministry of Foreign Affairs, specializing in multilateral institutions (the United Nations, the Non-Aligned Movement, Francophonie, The Association of South East Asian Nations) and global issues (international peace and security, development, environment, governance, human rights, etc.) As advisor to Viet Nam's Minister of Foreign Affairs, she was responsible for key international efforts on behalf of Viet Nam, such as the holding of the Summit of French-Speaking Countries in 1997 in Ha Noi. From 2000 to 2003, she was Viet Nam's Ambassador to Belgium, Luxembourg and Head of the Mission to the European Union in Brussels.

Mme Ninh grew up in France, was educated at Sorbonne University and Cambridge University and started her career as an academic. She taught English and English literature at Paris University in the late 1960s and later at Saigon University until 1975.

Born in Hue, Central Viet Nam, into a traditional family, she developed her political commitment to the National Liberation Front for South Viet Nam early on during her student days in Paris. Since then, she has been consistently active in social issues, with a special interest on gender. She served a term on the Central Executive on the Viet Nam Women's Union.

Bechtel Conference Center

Ton-Nu-Thi Ninh Vice-Chair of the National Assembly Foreign Affairs Committee for the Socialist Republic of Vietnam Speaker
Lectures
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