Human Rights
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Beth Van Schaack is Associate Professor of Law with Santa Clara University School of Law, where she teaches and writes in the areas of human rights, transitional justice, international criminal law, public international law, international humanitarian law, and civil procedure. 

Prof. Van Schaack joined the law faculty from private practice at Morrison & Foerster LLP where her practice focused on international law, commercial law, criminal defense, and human rights. Prior to entering private practice, Prof. Van Schaack was Acting Executive Director and Staff Attorney with The Center for Justice & Accountability, a non-profit law firm in San Francisco dedicated to the representation of victims of torture and other grave human rights abuses. She was also a law clerk with the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia.  

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Beth Van Schaack Visiting Scholar Speaker CDDRL
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Carolyn A. Mercado is a senior program officer with The Asia Foundation in the Philippines. In this position she manages the Law and Human Rights program. She assists in the development, implementation, monitoring, and evaluation of other selected activities within the Foundation's Law and Governance program and handles mediation and conflict management, and other forms of dispute resolution processes. She has also served as a temporary consultant to the Asian Development Bank on the Strengthening the Independence and Accountability of the Philippine Judiciary project and the Legal Literacy for Supporting Governance project.

Prior to joining the Foundation, Ms. Mercado was an intern with the Center of International Environmental Law in Washington. Previously, she served consultancies in Manila for the World Bank, the United Nations Development Programme, the International Maritime Organization, NOVIB, and the Philippines Department of Environment and Natural Resources. She has served as lecturer on environmental law at Ateneo de Manila University, San Sebastian College of Law, and the Development Academy of the Philippines. She also previously served as executive director of the Developmental Legal Assistance Center, corporate secretary of the Alternative Law Groups, and as a legal aide to a member of the Philippine Senate.

Education: B.A. in political science from the University of the Philippines; LL.B. from the University of the Philippines College of Law. She was also a Hubert Humphrey Fellow in international environmental law, University of Washington and a European Union Scholar in environmental resource management, Maastricht School of Business in the Netherlands.

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Carolyn Mercado Senior Program Officer Speaker The Asia Foundation
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The Korean Studies Program at Asia-Pacific Research Center welcomes Pantech Fellow, Koret Fellow, and visiting scholars from diverse backgrounds and experiences for 2009-2010 academic year.

Pantech Fellow

  • Peter Behk: former executive director of the U.S. Commitee for Human Rights in North Korea

Koret Fellow

  • Byungwon Bahk: former Senior Advisor to President Lee Myung-bak of Korea

Visiting Scholars

  • Young Whan Kihl: Professor Emeritus, department of Political Science, Iowa State University
  • Tong Ki Woo: former President of Yeungnam University, Korea
  • Na-Ree Lee: Chief Reporter, JoonAng Ilbo, Korea
  • Hyungkuk Youm: Attorney at Law, Korean Public Interest Lawyers' Group
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Stephan Haggard is the Lawrence and Sallye Krause Distinguished Professor at the Graduate School of International Relations and Pacific Studies (IR/PS) at the University of California, San Diego (UCSD). He is the author of Pathways from the Periphery: the Political Economy of Growth in the Newly Industrializing Countries (1990) and The Political Economy of the Asian Financial Crisis (2000) and co-author of The Political Economy of Democratic Transitions (1995 with Robert Kaufman), Famine in North Korea: Markets, Aid and Reform (with Marcus Noland, 2007) and Development, Democracy and Welfare States: Latin America, East Asia and Eastern Europe (with Robert Kaufman, 2008). He is currently working on a second volume on North Korea with Marcus Noland entitled North Korea Opens and a project on Robert Kaufman on inequality and politics.

His scholarly articles have appeared in International Organization, World Politics, Comparative Politics, The Journal of Asian Studies, Latin American Research Review, Comparative Political Studies, World Development, Studies in Comparative International Development and The Journal of Democracy. His commentary has appeared in a number of outlets, including The Washington Post, International Herald Tribune, and Newsweek.

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Stephan Haggard Lawrence and Sallye Krause Distinguished Professor at the Graduate School of International Relations and Pacific Studies (IR/PS) Speaker University of California, San Diego (UCSD)
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Hicham Ben Abdallah
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The Arab and Muslim world is indeed in crisis. This crisis, however, may give us a new opportunity to reclaim our fate from foreign powers, local autocrats, and religious fanatics. To do so, we can benefit from recuperating the best elements from our great tradition of Arab nationalism.

Under the banner of "Arab nationalism," we have had many moments of bravery, unity, and triumph. Arab nationalism ended colonialism and forged connections among emerging states, making an indelible mark on the history. This nationalism was not perfect, but it was crucial in our struggles for self-determination, and provided a unifying vision--a project for a future beyond sectarian or even national interests. It is a vision that we need more than ever today. 

This vision is still alive among the peoples of the Middle East and North Africa. We can see it, for example, in the constant demonstrations of support for the Palestinian cause. It also underlies the appeal of various forms of fundamentalism.  As much as they discomfit the West and secular Arabs, these currents embody precisely that yearning for a unified community. The umma may have replaced the Arab nation, and Islamism may have taken up the banner of resistance from Arab nationalism for many Muslims, but forms of Islamism have always been with us, and nationalist and Islamic currents have always been intertwined

Arab nationalism itself aimed to be a pan-Arab "supra-nationalism." Even while fighting for national independence, it maintained a vision of the transnational community and a respect for the shared Islamic character of peoples and cultures. The secular nationalist Michel Aflaq saw the strong connections between Islam and Arab nationalism, and prophesized that "A day will come when the nationalists will find themselves the only defenders of Islam.

Thus, Arab nationalism always shared a number of themes with Islamist movements:  the search for a unified collective consciousness, the desire for a renaissance of Arab language and culture and, of course, anti-imperialism. Resurgent political Islamism, in turn, has absorbed many positions and lessons from its secular nationalist cousin.  

It has become commonplace to remark how Islamism has taken up the banner of resistance to Western domination, and of cultural and even national independence.  For decades, however, it was the West and "moderate" Arab governments which sought to exploit the conservative Islamist currents against the radical nationalists. Our "dirty little secret" - Islamists and secular nationalists included - is that no one has been immune to the opportunistic lure of complicity with foreign powers bent on regional hegemony for their own purposes. We must get past this deadly mutual instrumentalism. It has corrupted great nationalist movements and turned Islam into a doctrine of division and - at the extremes -- armed fanaticism. 

The attempt to set the Arab world against Iran is the latest instance of this futile strategy.  A generalized Sunni-Shiite conflict would destroy pan-Islamism as surely as national selfishness destroyed pan-Arabism. Regimes and populations have resisted this strategy. Arabs states have insisted that concerns about Iran be addressed in the context of the region as a whole.  During the latest Gaza crisis, populations throughout the Arab world kept in check the opportunistic tendencies of certain regimes, and expressed trans-confessional solidarity with the Palestinian resistance. At moments like these, we see that the spirit of pan-Arab nationalism and pan-Islamic solidarity lives.

A revival of this spirit will not come from governments, but from the region-wide popular movements that form in the abyss between regimes and people. A revival of this spirit will not come from governments, but from the region-wide popular movements that form in the abyss between regimes and people. There, we see the yearning for a new form of "nationalism without a nation" that can provide justice, unity and true independence throughout the Arab world. Islamic movements are not the true fulfillment of the nationalist promise, but they have infused it with a renewed spirit of resistance and collective energy. If the self-perpetuating authoritarian regimes, built by nationalist parties, helped to bury Arab nationalism, the new resistance movements, often led by Islamists, are helping to revive it.

A new form of pan-nationalism is arising - generally secular, while still assertive of Arab and Islamic identity, and proud of being involved with the other cultures and languages of the world. This form of consciousness is embedded in new means of international communication, in new networks that have been created among the diaspora and indigenous communities, and in new, creative and profane uses of culture and language that have developed. It detests authoritarianism and corruption, and yearns for democracy and the rule of law, while firmly rejecting foreign military intervention and refusing Western condescension. Where traditional nationalism and Islamism want to be restrictive and controlling, it wants to be capacious and daring, opening our imaginations to new cultural and social possibilities.

This incipient form of transantionalist, pan-Arab consciousness still lacks political effectiveness. It gets squeezed between politically adept forces that speak for state authority or preach sharia. Societies remain divided between an ossified "patriotic" nationalism (wataniya) and a powerful but politically amorphous yearning for transnational solidarity (qawniya). The result is a kind of three-way divorce à l'italienne, with the three parties - the state and its clients, secular and progressive constituencies, and Islamic currents - living uncomfortably separate lives under the same national roof. 

The present economic crisis may provide new opportunities for those with a secular and democratic perspective to shape the debate. In the face of worsening social conditions, Islamists do not have a particularly attractive economic agenda. Their substitute, sharia, has some popular appeal as a means of reducing crime and corruption, but their notion of social justice is caritative, not political; it seeks to alleviate the plight of the poor through alms, rather than to reduce poverty through structural change. 

Thus, it was independent activists who mobilized thousands of Egyptians against the reversal of popular Nasserite land reforms, and organized strikes and demonstrations in the Nile delta during the spring of 2008, while Islamists either hesitated or fully adopted the defense of state policies. Islamists are generally uncomfortable with these kinds of movements, which engender a discourse of popular empowerment that slips beyond their control. As these movements spread, they will offer progressive forces new opportunities to shape the agenda with a discourse of justice based on social rights.

We must be wary of false optimism, however. These mobilizations remain rare, and regimes use every tool to prevent such social movements from coalescing with each other or, especially, with Islamist movements. Regimes have become adept at co-opting discourses of cultural or national identity, defending putatively Islamic values against demands for social and human rights, characterized as Western intrusions. This helps to reproduce the division between Islamists and progressives, pushing the latter into a culturalist "identity trap."

Of course, we cannot ignore the fundamental disparity between progressive and Islamist perspectives. On a theoretical level, these two notions are irreconcilable. Still, there will be significant opportunities for alliances that can be tactically advantageous to both currents and substantively important to the people of our region. And the principles that will enable effective, unified action will be the same principles that motivated our historic nationalist movements: a passion for national and regional independence, a commitment to regional cooperation, an insistence on equal and consistent treatment in international affairs. Across ethnic and confessional groups, the people of the region share a vision of a polity that provides political freedom and the rule of law for all citizens, while improving the economic and social lives of our populations. Whether they call themselves secular or Islamist, the most successful movements in our region will be the ones which can most credibly claim to advance these principles.

We do not wish to underestimate the difficulties we face. Neither nationalism nor Islamism is necessarily about democracy. It is understandable, given the arrogant and hypocritical foreign discourses in which they are embedded, that many of our people view the concepts of democracy, human rights, and the rule of law with suspicion. The interventions of the West create a lot of trouble, but also introduce new strategies and ideas - ideas that we can use to create new openings for ourselves. We can see how, in places like Iraq, Lebanon, and Palestine, the promotion of "democracy" has, however unintentionally, opened new possibilities that have been exploited by local forces to strengthen their credibility and independence.

We must use all opportunities to reawaken the progressive spirit of nationalism, to transform the best of our past into something real and new, creating spaces of unity, democracy and pluralism. We must use all opportunities to reawaken the progressive spirit of nationalism, to transform the best of our past into something real and new, creating spaces of unity, democracy, and pluralism. In doing that, we cannot afford to ignore any of the lessons of our history, or of the rest of the world. We must insist on incorporating the new and powerful lessons of the last 60 years. To paraphrase Michel Aflaq again, democracy, political and intellectual freedom, a respect for human rights, and the rule of law are, we find, the only effective defenders of nationalism and Islam. The day has come.

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CDDRL Visiting Scholar 2009-2010
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Abebe Gellaw came to Stanford as the 2008-09 John S. Knight Fellow for Professional Journalists and Yahoo International Fellow. He is currently a visiting fellow at the Hoover Institution and visiting scholar at the Centre on Democracy Development and Rule of Law. He is working on a book project, Ethiopia under Meles: Why the transition from military rule to democracy failed.

He holds a bachelor's degree in Political Science and International Relations from the Addis Ababa University ['95] and a post-graduate diploma in law from London Metropolitan University ['03]. He began his career in journalism in 1993 as a freelance writer focusing on human rights and political issues. He worked for various print and online publications including the Ethiopian Herald, the only English daily in the country. Abebe is also a founding editor of Addisvoice.com, a bilingual online journal focusing on Ethiopia and the Horn of Africa.

He has received many awards and bursaries including, an international journalism training bursary at the London-based Reuters Foundation in 1998. He also received a Champions of Change Millennium Award in 2002 and was subsequently awarded lifetime membership of the Millennium Awards Fellowships in the UK. He also received a British Telecom Community Connections Award that same year. In 2007, he was honored by the UK branch of the Coalition for Unity and Democracy for his commendable journalism and advocacy endeavors.

His recent articles appeared in the Far East Economic Review and Global Integrity's  The Corruption Notebooks 2008, a collection of essays on corruption and abuse of power written by leading journalists around the word. 

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CDDRL Hewlett Fellow 2009-2010
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Dongwook Kim received his Ph.D. from the Department of Political Science at the University of Wisconsin-Madison in August 2009. His dissertation, entitled Institutionalizing Human Rights: The United Nations, Nongovernmental Organizations and National Human Rights Institutions, examined why states adopt the UN idea of national human rights institutions and hence create a permanent and independent state institution to promote and protect human rights. The dissertation argued that in the human rights issue area characterized by low cross-border externalities, sovereignty-bound international organizations, and weak self-enforcement by states, human rights NGOs are especially important for states' policy adoption. In his dissertation, Kim specified three causal mechanisms linking NGOs to global diffusion and demonstrated that the UN idea gains special traction in the states connected with strong human rights NGO activism by using event history analysis and case studies.

During the postdoctoral fellowship at CDDRL (2009-2010), Kim will examine the abolition of the death penalty, Amnesty International's letter-writing campaigns called ‘Urgent Action Appeals,' and the effectiveness of national human rights institutions. He will also expand his unique quantitative data on international human rights NGOs to cover the entire period from 1948 to 2009.

In 2011, the Program on Human Rights (PHR) launched its research initiative on human trafficking to address the main challenges and generate new knowledge on this issue of international concern. Working in collaboration with Stanford faculty and students, this project builds on research underway across the university to create a forum on human trafficking. The goal is to produce collaborative research and policy recommendations to better address the multiple dimensions of human trafficking.

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Rising leaders from some of the world’s most complex and challenging nations, including China, Russia, Ukraine, Iraq, Kenya, Nigeria, South Africa, and the Democratic Republic of the Congo, have just completed a three-week seminar at Stanford as Draper Hills Summer Fellows on Democracy and Development. This year’s extraordinary class of fellows included members of parliament, government advisors, civic activists, leading jurists, journalists, international development experts and founders of non-governmental organizations (NGOs).

Each year, several hundred applicants apply to FSI’s Center on Democracy, Development, and the Rule of Law (CDDRL), the convener of the program, for the 26-28 slots available to study and help foster linkages among democracy, economic development, human rights, and the rule of law. Now in its fifth year, the program has received generous gifts from William Draper III, a Silicon Valley entrepreneur, in honor of his father, Maj. Gen. William H. Draper, Jr., a chief advisor to Gen. George Marshall and chief diplomatic administrator of the Marshall Plan in Germany, and Ingrid von Mangoldt Hills, a former journalist, in honor of her husband, Reuben Hills, a leading San Francisco philanthropist and president and chairman of the board of Hills Bros. Coffee.

Draper Hills Summer Fellows are innovative, courageous, and committed leaders, who strive to improve governance, enhance civic participation, and invigorate development under very challenging circumstances," said CDDRL Director Larry Diamond. “This year’s fellows were absolutely extraordinary, learning from us we hope, but also teaching all of us about the progress they are making and the obstacles they confront in a diverse set of countries.  We were not only sobered by the difficulties they must address on a daily basis but also uplifted by their accounts of programs that are working to deepen democracy, improve government accountability, strengthen the rule of law, energize civil society, and enhance the institutional environment for broadly shared economic growth.”

The three-week seminar is taught by an all star faculty, which in addition to Diamond, includes CDDRL Deputy Director Kathryn Stoner, Stanford president emeritus and constitutional law expert Gerhard Casper, FSI Deputy Director and political science professor Stephen D. Krasner, Erik Jensen and Allen S. Weiner from the Stanford law school, Avner Greif from the Department of Economics, Peter Henry from the Graduate School of Business, FSI Senior Fellow Helen Stacy, former FSI Director and current Program on Food Security and the Environment deputy director Walter P. Falcon, Mark C. Thurber, acting director of FSI’s Program on Energy and Sustainable Development, and Nicholas Hope, director of the Stanford Center on International Development.

Other leading experts and practitioners who engaged the fellows included democracy and governance expert Francis Fukuyama, who joins CDDRL as Olivier Nomellini Senior Fellow in July 2010, National Endowment for Democracy President Carl Gershman, United States Court of Appeals Judge Pamela Rymer, International Center on Nonviolent Conflict founding chair Peter Ackerman, the center’s president, Jack DuVall, former Peruvian president Alejandro Toledo, and former Secretaries of State George Shultz and Condoleezza Rice.

Faculty devoted the first week of the seminar to defining the fundamentals of democracy, good governance, economic development, and the rule of law, and in the second week turned to the issue of transitions and the feedback mechanisms between democracy, development, and a predictable rule of law. The third week examined the critical – and often controversial – role of international assistance to foster and support democracy, judicial reform, and economic development, including the proper role of foreign aid.

Against this backdrop, fellows emphasized domestic imperatives for fostering growth, social inclusion, and transformation, centering on the importance of political will and sound institutions.  In session after session, they wrestled with the concrete and all too common impediments to progress—from corruption, cronyism, and authoritarian regimes, to the fragility of conflict-ridden, multi-ethnic polities.  As an activist from strife-torn Iraq said, “Democracy is not just a way of governing. It is a way of living, a way of thinking about life.”“Democracy is not just a way of governing. It is a way of living, a way of thinking about life”

In spirited debates, in the formal seminar sessions and beyond the classroom to the Munger residence where the fellows stayed, the fellows stressed how they had all taught and learned from each other.  A rising leader from South Africa aptly summarized, “We have dispelled each other’s myths.”

As the Draper Hills Fellows expressed their profound gratitude to their faculty and mentors, they reinforced the importance of staying in touch through a virtual online community – a “common space” as defined by a member of parliament from Ukraine, that would let them look forward and look back, perhaps a decade from now, at case studies of success and failure, and the all important roles that political will and leadership played in determining outcomes.  “Stay tuned,” said Diamond and Stoner-Weiss. “Important lessons are still to come.”

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Boris Begovic is president at the Center for Liberal-Democratic studies (CLDS) and professor of economics at the School of Law, University of Belgrade. He received his education at the University in Belgrade, London School of Economic and JFK School of Government, Harvard University. His field of expertise includes industrial organization, economic analysis of law, economic growth, economics of competition policy, and urban economics. Begovic was a chief economic adviser of the Federal Government of Yugoslavia (Serbia & Montenegro) 2000-2002, mainly involved in negotiations with IFIs, WTO accession and foreign trade liberalization, price liberalization and foreign debt rescheduling. Recent publications include: Corruption: An Economic Analysis (2007), Greenfield FDIs in Serbia (2008), Economics for Lawyers (2008) and From Poverty to Prosperity: Free Market Based Solutions (2008).

As democracy is based on one person - one vote rule and freedom of expression and it can bring a strong political pressure for compulsory redistribution, contrary to authoritarian political environment. Is there a systematic difference in redistributive and other economic policies between democracies and other countries? What are the effects of incentives created by democratic political decisions to the most productive segments to the society and economic growth they create? To what extent compulsory redistribution is violating protection of property rights and undermining sustainable economic growth? Do we have a consistent theory that can explain these relations? Is there any consistent empirical evidence? Are the consequences of democracy to the economic growth the same if the country came from the left wing or right wing authoritarian societies. These issues will be reviewed on the seminar.  

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Boris Begovic President, at the Center for Liberal-Democratic Studies (CLDS) & Professor of Economics Speaker the School of Law, University of Belgrade
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