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Francis Fukuyama
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The first decade of the 21st century has seen a dramatic reversal of fortune in the relative prestige of different political and economic models. Ten years ago, on the eve of the puncturing of the dotcom bubble, the US held the high ground. Its democracy was widely emulated, if not always loved; its technology was sweeping the world; and lightly regulated "Anglo-Saxon" capitalism was seen as the wave of the future. The United States managed to fritter away that moral capital in remarkably short order: the Iraq war and the close association it created between military invasion and democracy promotion tarnished the latter, while the Wall Street financial crisis laid waste to the idea that markets could be trusted to regulate themselves.

China, by contrast, is on a roll. President Hu Jintao's rare state visit to Washington this week comes at a time when many Chinese see their weathering of the financial crisis as a vindication of their own system, and the beginning of an era in which US-style liberal ideas will no longer be dominant. State-owned enterprises are back in vogue, and were the chosen mechanism through which Beijing administered its massive stimulus. The automatic admiration for all things American that many Chinese once felt has given way to a much more nuanced and critical view of US weaknesses - verging, for some, on contempt. It is thus not surprising that polls suggest far more Chinese think their country is going in the right direction than their American counterparts.

But what is the Chinese model? Many observers casually put it in an "authoritarian capitalist" box, along with Russia, Iran and Singapore. But China's model is sui generis; its ­specific mode of governance is difficult to describe, much less emulate, which is why it is not up for export.

The most important strength of the Chinese political system is its ability to make large, complex decisions quickly, and to make them relatively well, at least in economic policy. This is most evident in the area of infrastructure, where China has put into place airports, dams, high-speed rail, water and electricity systems to feed its growing industrial base. Contrast this with India, where every new investment is subject to blockage by trade unions, lobby groups, peasant associations and courts. India is a law-governed democracy, in which ordinary people can object to government plans; China's rulers can move more than a million people out of the Three Gorges Dam flood plain with little recourse on their part.

Nonetheless, the quality of Chinese government is higher than in Russia, Iran, or the other authoritarian regimes with which it is often lumped - precisely because Chinese rulers feel some degree of accountability towards their population. That accountability is not, of course, procedural; the authority of the Chinese Communist party is limited neither by a rule of law nor by democratic elections. But while its leaders limit public criticism, they do try to stay on top of popular discontents, and shift policy in response. They are most attentive to the urban middle class and powerful business interests that generate employment, but they respond to outrage over egregious cases of corruption or incompetence among lower-level party cadres too.

Indeed, the Chinese government often overreacts to what it believes to be public opinion precisely because, as one diplomat resident in Beijing remarked, there are no institutionalised ways of gauging it, such as elections or free media. Instead of calibrating a sensible working relationship with Japan, for example, China escalated a conflict over the detention of a fishing boat captain last year - seemingly in anticipation of popular anti-Japanese sentiment.

Americans have long hoped China might undergo a democratic transition as it got wealthier, and before it became powerful enough to become a strategic and political threat. This seems unlikely, however. The government knows how to cater to the interests of Chinese elites and the emerging middle classes, and builds on their fear of populism. This is why there is little support for genuine multi-party democracy. The elites worry about the example of democracy in Thailand - where the election of a populist premier led to violent conflict between his supporters and the establishment - as a warning of what could happen to them.

Ironically for a country that still claims to be communist, China has grown far more unequal of late. Many peasants and workers share little in the country's growth, while others are ruthlessly exploited. Corruption is pervasive, which exacerbates existing inequalities. At a local level there are countless instances in which government colludes with developers to take land away from hapless peasants. This has contributed to a pent-up anger that explodes in many thousands of acts of social protest, often violent, each year.

The Communist party seems to think it can deal with the problem of inequality through improved responsiveness on the part of its own hier­archy to popular pressures. China's great historical achievement during the past two millennia has been to create high-quality centralised government, which it does much better than most of its authoritarian peers. Today, it is shifting social spending to the neglected interior, to boost consumption and to stave off a social explosion. I doubt whether its approach will work: any top-down system of accountability faces unsolvable problems of monitoring and responding to what is happening on the ground. Effective accountability can only come about through a bottom-up process, or what we know as democracy. This is not, in my view, likely to emerge soon. However, down the road, in the face of a major economic downturn, or leaders who are less competent or more corrupt, the system's fragile legitimacy could be openly challenged. Democracy's strengths are often most evident in times of adversity.

However, if the democratic, market-oriented model is to prevail, Americans need to own up to their own mistakes and misconceptions. Washington's foreign policy during the past decade was too militarised and unilateral, succeeding only in generating a self-defeating anti-Americanism. In economic policy, Reaganism long outlived its initial successes, producing only budget deficits, thoughtless tax-cutting and inadequate financial regulation.

These problems are to some extent being acknowledged and addressed. But there is a deeper problem with the American model that is nowhere close to being solved. China adapts quickly, making difficult decisions and implementing them effectively. Americans pride themselves on constitutional checks and balances, based on a political culture that distrusts centralised government. This system has ensured individual liberty and a vibrant private sector, but it has now become polarised and ideologically rigid. At present it shows little appetite for dealing with the long-term fiscal challenges the US faces. Democracy in America may have an inherent legitimacy that the Chinese system lacks, but it will not be much of a model to anyone if the government is divided against itself and cannot govern. During the 1989 Tiananmen protests, student demonstrators erected a model of the Statue of Liberty to symbolise their aspirations. Whether anyone in China would do the same at some future date will depend on how Americans address their problems in the present.

The writer is a fellow at the Freeman Spogli Institute for International Studies at Stanford University. His latest book, The Origins of Political Order, will be published in the spring.

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There are more laws and international treaties designed to protect human rights in conflict zones than ever before. Yet civilians continue to pay the ultimate price, with women and children frequently caught in the crossfire. At the beginning of the 20th century, there was one civilian casualty for every eight or nine military casualties, said Richard Goldstone, the South African jurist who played a key role in helping his country overcome apartheid, served as the chief prosecutor of the International Criminal Tribunals on Rwanda and the former Yugoslavia, and became a household name in 2009 for his controversial fact-finding mission after an Israeli offensive in the Gaza Strip. During World War II, the ratio increased to 1-to-1. Today, after what was, Goldstone said, a "very bloody century," every combatant casualty is matched by nine civilian deaths.

What explains this? Goldstone joined Stanford historian James Campbell and Peter Berkowitz, a political scientist, to grapple with this paradox as part of Stanford's Ethics and War Series, co-sponsored by the Center for International Security and Cooperation.

One reason behind this seeming disconnect is that gaping anomalies remain in the international legal system. It is a "very recent development that international laws have been designed to protect civilians and civilian objects," said Goldstone. Another cause of the paradox is that the most critical issue in determining whether the death of a civilian constitutes a war crime is highly subjective. The so-called principle of proportionality, defined by the Law of Armed Conflict, requires that parties refrain from attacks resulting in excessive civilian casualties. But it is up to "reasonable commanders" to judge whether such violence is justified, said Berkowitz, a senior fellow at the Hoover Institution.

Compounding the problem is that in many of the nations where crimes against civilians may have been committed, there is little interest or even open hostility toward allowing international fact-finding missions to make an assessment. Moreover, many of the transnational organizations designed to help protect civilians simply fail to do so. Goldstone said the UN should be commended for assisting the injured in Gaza but "stands condemned for ignoring the plight of Tamils."

A better system might include requiring greater education in military affairs for human rights lawyers, Berkowitz said. Goldstone's report on the Gaza conflict, Berkowitz argued, failed to properly evaluate whether the civilian cost was a military necessity, noting that Goldstone did not assess whether "reasonable" Israeli commanders had intended to avoid civilian casualties. A better understanding of military procedure, Berkowitz suggested, might have helped Goldstone and others in a similar situation make that kind of assessment.

The United States may also have a role to play in filling in the gaps in the international justice system. Campbell said that the Geneva Convention of 1949, which extended legal protection to war victims, was largely an American construction. Indeed, Berkowitz said that America has "special burdens" to spread liberal democracy across the world. However, the U.S. was reluctant to sign the Convention on the Rights of the Child, ratified by 194 U.N. nations that would protect women and children, said Helen Stacy, a senior fellow at the Center for Democracy, Development, and the Rule of Law.

How some of these issues will be resolved is still an open question. Human rights laws are complex and evolving, said Campbell. "Just as freedom is a constant struggle, so is international humanitarian law," he said. The important part was that the legal system continues to grapple with these issues. The struggle toward an effective system of international justice is being "waged in our country," he said, "in dialogues like the ones we are having today."

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CDDRL is now accepting applications to our interschool Senior Honors program from eligible juniors focusing on democracy, economic development, and rule of law subjects in any university department. Qualified applicants will demonstrate sufficient depth and breadth of democracy, economic and social development, rule of law, and human rights or justice course work. They should hold a grade point average (GPA) of at least 3.5 at the time they apply and must maintain this GPA throughout the program. Admitted students must be able to attend the CDDRL Honors College in Washington, DC tentatively scheduled for September 11-17. Applications are due in the CDDRL office by February 25 at 5:00 pm and students will be notified of admission to the program by March 11. For additional eligibility and program requirements, please reference the link below.
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On January 18, the Honorable Bob Rae, Liberal Member of Parliament for Toronto Centre and the foreign affairs critic for the Liberal Party of Canada was the featured speaker at a special CDDRL seminar. Rae addressed the Stanford community on the topic of his latest book Exporting Democracy, published in November 2010 by McClelland & Stewart. CDDRL Deputy Director, Kathryn Stoner, welcomed Rae to Stanford and Ben Rowswell, Visiting Scholar and Canadian "diplomat in residence," introduced the distinguished Rae stressing the timeliness of this topic.

This occasion marked the debut of Rae's book to a US audience and drew a sizable crowd interested in learning more about the MP's views on the role of Western powers in statebuilding and democracy promotion efforts abroad. Based on his personal experience engaging in diplomatic missions in Iraq, Afghanistan, Sri Lanka, and across the Middle East, Rae was confronted with the limits of power and democratic ideals in foreign lands.

 His discussion focused on the theoretical and practical analysis of the role of democracy in statebuilding that is the foundation of his argument in Exporting Democracy. Drawing  on the writing of 18th century philosophers, Thomas Paine and Edmund Burke, Rae examined the tensions between natural law and justice versus customs and tradition that continue to dominate the debate in modern day statecraft.

 Rae's experience observing democracy promotion abroad allowed him to recognize the importance of upholding democratic values, while also respecting the idea that democracy cannot be viewed as the "gold standard" for all. "From a Western perspective the debate suffers from the notion that the idea of democracy has emerged as perfectly natural and an automatic assumption of our daily lives. In reality it has generally been accompanied by periods of great conflict and can take hundreds of years to bear fruit as evidenced by the American and Canadian experience."

Rae emphasized that the best way Western countries can promote democracy is by helping other countries develop their own solutions to their own problems. 

Rae's sensitivity to the consequences of Western interventions, his belief in the principles of human rights, and his testimony to the importance of humility and pragmatism in our efforts of statebuilding abroad, offered the Stanford community a new perspective on the effectiveness of the global democracy movement. 

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On January 18, Professor Karen Alter of Northwestern University presented her research on international legal institutions and their role in the global struggle for human rights at the third installment of the Sanela Diana Jenkins Speaker Series. Alter, a professor of Political Science and Law, focused her lecture on the evolution of the transnational and human rights judicial orders.

To address the first subject, Alter offered a historical analysis of international courts since the establishment of the paradigmatic European Court of Justice in 1952. Alter argued that progressive lawyers and judges in Western Europe created a European legal revolution that then spread internationally and spurred the proliferation of international legal courts. She also suggested that contemporary international courts have benefitted from the "roadmap" provided by both the ECJ and the European Court of Human Rights (ECHR) while adjusting this European model to develop their own, more locally nuanced jurisprudence.

Alter also highlighted the importance of international courts focused on human rights issues. While she admitted that certain courts, like the African Court of Human and Peoples Rights (ACHPR), have failed to satisfactorily address issues of human rights in their jurisdictions, she maintained that these courts can still serve as a powerful check for governments that violate the human rights of their people and the domestic judicial systems that legitimize these abuses. She argued that these courts can act as "tipping point political actors" who give hope to human rights activists and legal scholars. She concluded on an optimistic note, saying "[These] activists can change the world.

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On January 11, Kathryn Sikkink was the featured speaker at the Sanela Diana Jenkins International Human Rights Speaker Series hosted by the Program on Human Rights at the Center on Democracy, Development, and the Rule of Law.

Next week, the Sanela Diana Jenkins Human Rights Speaker Series on Human Trafficking will welcome Karen Alter, a Professor in the Political Science Department and Law School of Northwestern University on Tuesday, January 18.  The Series is held in the Landau Economics Building, Room 140, from 5:30-6:45 PM and is open to the public.

Professor Kathryn Sikkink introduced her forthcoming book The Justice Cascade: How Human Rights Prosecutions are Changing World Politics, during the second session of the Sanela Diana Jenkins International Human Rights Speaker Series. Sikkink, a Professor of Political Science and an affiliate of the Law School at the University of Minnesota, presented what she called a “dramatic and puzzling change” in the global struggle for human rights – the striking and sudden emergence of individual criminal accountability for state officials who violate these rights.  She observed that the recent and dramatic cascade of legal proceedings against individual human rights violators marked a growing global consciousness around human rights. 

Professor Sikkink then focused on the challenge of establishing what effect, if any, the explosion in prosecutions has had. Pointing to data which suggested that states with human rights trial experiences had a lower level of repression, Sikkink theorized that prosecutions may help to establish and diffuse societal human rights norms that influence behavior both within a country and a region.  She proposed that these legal efforts are part of a broader “emerging decentralized, interactive system of global accountability” that refuses to remain idle in the face of human rights violations.

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Susan Roberta Katz and Shabnam Koirala-Azad teach International and Multicultural Education at USF, and are on the founding faculty for the School of Education's doctorate with an emphasis in human rights education.

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Susan Roberta Katz Professor of International and Multicultural Education Speaker University of San Francisco
Shabnam Koirala-Azad Assistant Professor of International and Multicultural Education Speaker University of San Francisco
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