Corruption
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The Pinochet Case

Patricio Guzman's The Pinochet Case investigates the legal origins of the case against Augusto Pinochet, the general who overthrew President Salvador Allende of Chile in 1973. This documentary follows the legal cases that ultimately led to Pinochet being arrested and tried for his crimes against humanity committed over the 25 years that he ruled Chile.

Carlos Castresana received his law degree in 1979 from Complutense University, Madrid, Spain. He served as a District and Examine Judge, and Court Magistrate for a number of years, before becoming a member of the Public Prosecutors of Spain, where he worked in the Anti-drug and Anti-corruption Special Offices. In 2005, he was appointed Prosecutor of the Supreme Court. He was also a professor of criminal law at the University Carlos III, Madrid.

Mr. Castresana authored the formal complaint and subsequent reports in the Pinochet Case before the Audiencia Nacional in Spain. He has served as an expert in international legal cooperation and other issues in Europe and Latin America, under appointment of the United Nations, European Union, and Council of Europe. He received the Human Rights National Award in Spain in 1997, was awarded the Doctorate Honoris causa from the Guadalajara University, Mexico in 2003, and the Certificate of Honor from the City and County of San Francisco in 2004. Mr. Castresana teaches courses on human rights in Latin America and international criminal law and is coordinator of Project H32, in the United Nation's Office of Narcotics and Crime in Monterrey, Mexico.

Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.

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Stanford University
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Carlos Castresana Coordinator of Project H32 Speaker the United Nations' Office of Narcotics and Crime
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Luis Moreno-Ocampo was unanimously elected by the Assembly of States Parties to the Rome Statute of the International Criminal Court on April 21, 2003. Between 1984 and 1992, as a prosecutor in Argentina, Mr. Moreno-Ocampo was involved in precedent-setting prosecutions of top military commanders for mass killings and other large scale human rights abuses.

He was assistant prosecutor in the "Military Junta" trial against Army commanders accused of masterminding the "dirty war," and other cases of human rights violations by the Argentine military. Mr. Moreno-Ocampo was the prosecutor in charge of the extradition from investigation and prosecution of guerrilla leaders and of those responsible for two military rebellions in Argentina. He also took part in the case against Army commanders accused of malpractice during the Malvinas/Falklands war, as well as in dozens of major cases of corruption.

In 1992, Mr. Moreno-Ocampo resigned as Chief Prosecutor of the Federal Criminal Court of Buenos Aires, and established a private law firm, Moreno-Ocampo & Wortman Jofre, which specializes in corruption control programs for large firms and organizations, criminal and human rights law. Until his election as Chief Prosecutor of the International Criminal Court, Mr. Moreno-Ocampo worked as lawyer and as Private Inspector General for large companies. He also took on a number of pro bono activities, among others as legal representative for the victims in the extradition of former Nazi officer Erich Priebke to Italy, the trial of the chief of the Chilean secret police for the murder of General Carlos Prats, and several cases concerning political bribery, journalists' protection and freedom of expression.

Mr. Moreno-Ocampo also worked with various local, regional, and international NGO's. He was the president of Transparency International for Latin America and the Caribbean. The founder and president of Poder Ciudadano, Mr. Moreno-Ocampo also served as member of the Advisory Board of the "Project on Justice in Times of Transition" and "New Tactics on Human Rights."

Mr. Moreno-Ocampo has been a visiting professor at both Stanford University and Harvard University.

Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.

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Stanford University
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Luis Moreno-Ocampo Chief Prosecutor Speaker the International Criminal Court, the Hague
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Two contradictory trends are emerging in China's countryside: one is an attempt to increase upper level control over village finances to reduce peasant burdens and curb cadre corruption; the other is a new policy to require the village party secretary to stand for popular election, in addition to the village committee head. Based on recent fieldwork in China's countryside, Jean Oi will describe the fiscal problems that emerged as the reforms cut peasant burdens and how the new "two-ballot system" works for the selection of village leaders. She will then consider whether these two policy trends are creating new and potentially more serious problems for local governance.

Jean Oi is author of Rural China Takes Off: Institutional Foundations of Economic Reform.

This talk is part of the "China's Year of Decision" colloquium series sponsored with the Center for East Asian Studies.

Photo by Jesse Warren

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Department of Political Science
Stanford University
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Senior Fellow at the Freeman Spogli Institute for International Studies
William Haas Professor in Chinese Politics
jean_oi_headshot.jpg PhD

Jean C. Oi is the William Haas Professor of Chinese Politics in the department of political science and a Senior Fellow of the Freeman Spogli Institute for International Studies at Stanford University. She is the founding director of the Stanford China Program at the Walter H. Shorenstein Asia-Pacific Research Center. Professor Oi is also the founding Lee Shau Kee Director of the Stanford Center at Peking University.

A PhD in political science from the University of Michigan, Oi first taught at Lehigh University and later in the Department of Government at Harvard University before joining the Stanford faculty in 1997.

Her work focuses on comparative politics, with special expertise on political economy and the process of reform in transitional systems. Oi has written extensively on China's rural politics and political economy. Her State and Peasant in Contemporary China (University of California Press, 1989) examined the core of rural politics in the Mao period—the struggle over the distribution of the grain harvest—and the clientelistic politics that ensued. Her Rural China Takes Off (University of California Press, 1999 and Choice Outstanding Academic Title, 1999) examines the property rights necessary for growth and coined the term “local state corporatism" to describe local-state-led growth that has been the cornerstone of China’s development model. 

She has edited a number of conference volumes on key issues in China’s reforms. The first was Growing Pains: Tensions and Opportunity in China's Transformation (Brookings Institution Press, 2010), co-edited with Scott Rozelle and Xueguang Zhou, which examined the earlier phases of reform. Most recently, she co-edited with Thomas Fingar, Fateful Decisions: Choices That Will Shape China’s Future (Stanford University Press, 2020). The volume examines the difficult choices and tradeoffs that China leaders face after forty years of reform, when the economy has slowed and the population is aging, and with increasing demand for and costs of education, healthcare, elder care, and other social benefits.

Oi also works on the politics of corporate restructuring, with a focus on the incentives and institutional constraints of state actors. She has published three edited volumes related to this topic: one on China, Going Private in China: The Politics of Corporate Restructuring and System Reform (Shorenstein APARC, 2011); one on Korea, co-edited with Byung-Kook Kim and Eun Mee Kim, Adapt, Fragment, Transform: Corporate Restructuring and System Reform in Korea (Shorenstein APARC, 2012); and a third on Japan, Syncretism: The Politics of Economic Restructuring and System Reform in Japan, co-edited with Kenji E. Kushida and Kay Shimizu (Brookings Institution, 2013). Other more recent articles include “Creating Corporate Groups to Strengthen China’s State-Owned Enterprises,” with Zhang Xiaowen, in Kjeld Erik Brodsgard, ed., Globalization and Public Sector Reform in China (Routledge, 2014) and "Unpacking the Patterns of Corporate Restructuring during China's SOE Reform," co-authored with Xiaojun Li, Economic and Political Studies, Vol. 6, No. 2, 2018.

Oi continues her research on rural finance and local governance in China. She has done collaborative work with scholars in China, including conducting fieldwork on the organization of rural communities, the provision of public goods, and the fiscal pressures of rapid urbanization. This research is brought together in a co-edited volume, Challenges in the Process of China’s Urbanization (Brookings Institution Shorenstein APARC Series, 2017), with Karen Eggleston and Wang Yiming. Included in this volume is her “Institutional Challenges in Providing Affordable Housing in the People’s Republic of China,” with Niny Khor. 

As a member of the research team who began studying in the late 1980s one county in China, Oi with Steven Goldstein provides a window on China’s dramatic change over the decades in Zouping Revisited: Adaptive Governance in a Chinese County (Stanford University Press, 2018). This volume assesses the later phases of reform and asks how this rural county has been able to manage governance with seemingly unchanged political institutions when the economy and society have transformed beyond recognition. The findings reveal a process of adaptive governance and institutional agility in the way that institutions actually operate, even as their outward appearances remain seemingly unchanged.

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Director of the China Program
Lee Shau Kee Director of the Stanford Center at Peking University
Faculty Affiliate at the Stanford Center on China's Economy and Institutions
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Jean Oi Speaker
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Abhijit Banerjee is the Ford Foundation Professor of Economics in the Department of Economics at Massachusetts Institute of Technology, director of the Poverty Action Lab, and past president of the Bureau for Research in Economic Analysis and Development (BREAD).

Banerjee received his PhD in economics from Harvard University in 1988, and has taught at Princeton and Harvard before joining the MIT faculty in 1996. In 2001, he was the recipient of the Malcolm Adeshesiah Award, and was awarded the Mahalanobis Memorial Medal in 2000. He is a fellow of the Econometric Society and the American Academy of Arts and Sciences, and has been a Guggenheim Fellow and Alfred P. Sloan Research Fellow. He is coeditor with Roland Benabou and Dilip Mookherjee of Understanding Poverty and, with Philippe Aghion, coauthor of Volatility and Growth. His areas of research are development economics, the economics of financial markets, and the macroeconomics of developing countries.

Sponsored by the Program on Global Justice, the Stanford Humanities Center, and the Center on Democracy, Development, and the Rule of Law.

Encina Ground Floor Conference Room

Abhijit Banerjee Professor of Economics at the Massachusetts Institute of Technology and Director of the Poverty Action Lab Speaker
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Proponents of oil-led development believe that countries lucky enough to have "black gold" can base their development on this resource. They point to the potential benefits from enhanced economic growth and the creation of jobs, increased government revenues to finance poverty alleviation, the transfer of technology, the improvement of infrastructure and the encouragement of related industries. But the experience of almost all oil-exporting countries to date illustrates few of these benefits. To the contrary, the consequences of oil-led development tend to be negative, including slower than expected growth, barriers to economic diversification, poor social welfare performance, and high levels of poverty, inequality and unemployment. Furthermore, countries dependent on oil as their major resource for development are characterized by exceptionally poor governance and high corruption, a culture of rent-seeking, often devastating economic, health and environmental consequences at the local level, and high incidences of conflict

and war. In sum, countries that depend on oil for their livelihood eventually become among the most economically troubled, the most authoritarian, and the most conflict-ridden in the world.

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The modern Romanian judiciary originates in the middle of the nineteenth century. The structure of the judiciary follows both the French model (the civil matters), and the Italian one (the commercial regulations). The Ministry of Justice plays a significant role in the administration of the judiciary. Romanian is a Roman language, and Romania has had long-standing cultural ties to France that were carried over to the legal sphere.

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In the former (second) Yugoslavia (1945-1991) which was a federal state, according to the constitutional provision on the federal character of the state, judicial system was organized on the level of federal units (republic and provinces) and on the federal level only consistency of the case law was provided by the revision function of the Federal Court (cassation). Furthermore the Federal Attorney prosecutes the most severe crimes against the state and political order, taking into account the ideological charters of that order.

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In this report we examine the role of internal and external factors in advancing or preventing "democratic rule of law" reforms in Turkey over the last decade. We focus particularly on the role of the EU in trying to influence domestic reforms. We underline the interaction between domestic actors and this external actor. We primarily aim to figure out why, when, where and how has the EU managed to influence rule of law reforms and where it has failed to make a real impact. In conceptualizing this influence we distinguish between direct (through government-to-government pressure etc.) and indirect (through empowering domestic reformists strengthening pro-reform civil society, or coordinating with other international organizations to maximize external pressures) impacts.

Prepared for the workshop organized by Sabanci University, Stanford University and Centre of European Excellence - University of Florence on "Europeanisation and Democratisation: The Southern European Experience and the Perspective for New Member States of the Enlarged Europe", Istanbul 10-11th December 2005.

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The alliance between the Republic of Korea and the United States has been facing new pressures in recent months. Leaders in Washington and Seoul are visibly out of synch in their response to the escalatory actions of North Korea, beginning with the July 4 missile tests and leading to the October 9 nuclear explosion. South Korean leaders seem more concerned with the danger that Washington may instigate conflict than they are with North Korea's profoundly provocative acts. American officials increasingly see Seoul as irrelevant to any possible solution to the problem. Officials on both sides valiantly try to find areas of agreement and to paper over differences. If attempts to restart the six-party talks on North Korea falter again, it is likely this divide will resurface.

There is a tendency on both sides of the Pacific to overdraw a portrait of an alliance on the verge of collapse. Crises in the U.S.-ROK alliance are hardly new. As I have written elsewhere, there never was a "golden age" in our alliance that was free from tension. Korean discomfort with an alliance founded on dependency and American unease with Korean nationalism has been a constant since the early days of this relationship. Clashes over how to respond to North Korea have been a staple of the alliance since its earliest days.

Korean-American relations today are much deeper than at the inception of this alliance. Our interests are intertwined on many fronts, not least as major players in the global economic and trading system. We share fundamental values as democratic societies, built on the rule of law and the free flow of ideas. There is a large, and growing, contact between our two peoples, from trade and tourism to immigration.

The current situation is worrisome however because it threatens the security system that lies at the foundation of the alliance. Though our interests are now far broader, the U.S.-ROK alliance remains military in nature. The founding document of this alliance was the

Mutual Defense Treaty signed on October 1, 1953, following the conclusion of the armistice pact to halt the Korean War. That treaty has been significantly modified only once - 28 years ago in response to American plans to withdraw its ground forces from Korea - to create the Korea-U.S. Combined Forces Command (CFC).

The two militaries have a vital legacy of decades of combined command, training and war planning. American military forces in significant numbers have remained in place to help defend South Korea from potential aggression from the North. South Korean troops have deployed abroad numerous times in support of American foreign policy goals, including currently in Iraq and Afghanistan.

This foundation of security is not only essential to this alliance but is the very definition of the nature of alliances in general, as distinct from other forms of cooperation and partnership in international relations.

"Alliances are binding, durable security commitments between two or more nations," Dr. Elizabeth Sherwood-Randall, a Stanford scholar and former Clinton administration senior defense official, wrote recently. "The critical ingredients of a meaningful alliance are the shared recognition of common threats and a pledge to take action to counter them. To forge agreement, an alliance requires ongoing policy consultations that continually set expectations for allied behavior."

Alliances can survive a redefinition of the common threat that faces them but not the absence of a threat. Nor can alliances endure if there is not a clear sense of the mutual obligations the partners have to each other, from mutual defense to joint actions against a perceived danger. "At a minimum," Sherwood-Randall says, "allies are expected to take into consideration the perspectives and interests of their partners as they make foreign and defense policy choices."

By this definition, the U.S.-ROK alliance is in need of a profound re-examination.

The 'shared recognition' of a common threat from North Korea that was at the core of the alliance is badly tattered. As a consequence, there is no real agreement on what actions are needed to counter that threat.

There is a troubling lack of will on both sides to engage in policy consultations that involve an understanding of the interests and views of both sides, much less setting clear expectations for allied behavior. Major decisions such as the phasing out of the CFC have been made without adequate discussion.

Americans and Koreans need, in effect, to re-imagine our alliance. We should do so with the understanding that there is still substantial popular support for this alliance, despite conventional wisdom to the contrary. The problems of alliance support may lie more in policy-making elites in both countries than in the general public. That suggests that a concerted effort to reinvigorate the alliance will find public backing.

The results of the Chicago Council on Global Affairs 2006 multinational survey of public opinion show ongoing strong support for the American military presence in South Korea. Some 62 percent of Koreans believe U.S. troop levels are either about right or too few; some 52 percent of Americans share that view. A slightly larger percentage of Americans - 42 percent compared to 36 percent of Koreans - think there are too many U.S. troops. Along the same vein, 65 percent of Americans and 84 percent of Koreans favor the U.S. providing military forces, together with other countries, in a United Nations-sponsored effort to turn back a North Korean attack.

The crack in the alliance comes over the perception of threat from North Korea.

While some 79 percent of Koreans feel at least "a bit" threatened by the possibility of North Korea becoming a nuclear power, only 30 percent say they are "very" threatened. Fewer Koreans feel the peninsula will be a source of conflict than the number of Americans. More significantly, nuclear proliferation is viewed as a critical threat by 69 percent of Americans, compared to only half of Koreans (interestingly, Chinese are even less concerned about this danger).

The opinion poll was conducted before the nuclear test so it is difficult to judge the impact of that event. These survey results do clearly indicate however that while the security alliance still has support, there is an urgent need for deep discussion, at all levels, about the nature of the threat.

The crisis that faced the NATO alliance in the wake of the end of the Cold War has some instructive value for Koreans and Americans today. At the beginning of 1990, I was sent by my newspaper, the Christian Science Monitor, from Tokyo, where I had been covering Japan and Korea since the mid-1980s, to Moscow. The Berlin Wall had fallen a few months earlier and the prospect of the end of a half-century of Cold War in Europe was in the air. However, I dont believe anyone, certainly not myself, anticipated the astounding pace or scale of change that took place within just two years.

Within less than a year, in October of 1990, West and East Germany were reunited.

The once-mighty Soviet empire in Eastern Europe disintegrated almost overnight. By July of 1991, the Warsaw Pact had come to an end. Perhaps most astounding of all - not least to officials of the administration of George H.W. Bush - the Soviet Union fell abruptly apart in December 1991.

These tectonic events triggered a debate about the future of the NATO alliance that had provided security to Europe since it was founded in April of 1949. Soviet leader Mikhail Gorbachev somewhat famously - and perhaps apocryphally - anticipated this debate. "We are going to do something terrible to you," he is said to have told Ronald Reagan. "We are going to deprive you of an enemy."

In those early days, the very continued existence of NATO was under active discussion. The Soviet leadership called for the creation of entirely new "pan-European" security structures that would replace both NATO and the Warsaw Pact. Some in Europe favored the European Union as a new vehicle for both economic integration of the former

Soviet empire into Europe, along with creating new European security forces that would supplant NATO's integrated command.

A more cautionary view argued for retaining NATO without change as a hedge against the revival of Russia as a military threat or the failure of democratic and market transformation in the former Soviet Union. American policymakers opted instead for the ambitious aim of expanding NATO membership to absorb, step by step, the former Soviet empire, including the newly freed western republics of the Soviet Union.

Along with expansion, the United States pushed NATO to redefine the "enemy." Americans argued that new threats to stability and security from ethnic conflict - and international terrorism - compelled NATO to "go out of area or out of business." NATO did so first in the Balkans, in Bosnia and Kosovo, though reluctantly. The alliance has moved even farther beyond Europe to Afghanistan, where NATO commands the international security forces. This draws upon the invaluable investment made in joint military command and operations that are the foundation of the alliance.

Certainly NATO's transformation is far from complete. As was evident at the most recent NATO summit in Riga, considerable differences of opinion remain between many European states and the United States over the mission of NATO. Europeans tend to still see NATO as an essentially defensive alliance, protecting the "euro-Atlantic" region against outside aggression, with an unspoken role as a hedge against uncertainties in Russia. They are resistant to continued American pressure for expansion - including a new U.S. proposal to move toward global partnership with countries such as Japan, South Korea and Australia.

But the reinvention of NATO after the Cold War provides some evidence that even when the nature of the threat has changed, security alliances can preserve a sense of common purpose.

A re-imagined U.S.-ROK alliance could draw from the NATO experience by including the following elements:

HEDGE - The alliance remains crucial as a 'hedge' against North Korean aggression, even if the dangers of an attack are considered significantly reduced. If North Korea retains its nuclear capability, that hedge will need to expand to include a shared doctrine of containment and deterrence, including making clear that the U.S. will retaliate against use of nuclear weapons, no matter where it takes place. Strategically the alliance is also a 'hedge' against Chinese ambitions to dominate East Asia and a guarantor of the existing balance of power;

EXPANSION - The alliance can reassert its vitality as the basis, along with the

U.S.-Japan security alliance, of an expanded multilateral security structure for

Northeast Asia;

NEW MISSIONS - The alliance should take on new missions, most importantly to participate in military and non-military counter-proliferation operations;

OUT OF AREA - A re-imagined alliance might formalize an "out of area" role, elevating the deployments of peacekeeping and other forces to Iraq and Afghanistan into more systematic joint global operations between the two militaries. In this regard, the participation of South Korea in a program of global partnership with NATO, most importantly in the area of joint training, merits serious discussion.

There is another alternative: South Korea and the United States can chose to bring their alliance to a close. If we cannot agree on the common threats that face us, this alliance cannot endure. What we should not do is to allow the alliance to drift from inattention into a deeper crisis that would only benefit our adversaries.

(This article is based on a presentation by the author to the 1st ROK-U.S. West Coast

Strategic Forum held in Seoul on Dec. 11-12, 2006).

This article appeared on the website of the Maureen and Mike Mansfield Foundation.

Reprinted with permission from the Maureen and Mike Mansfield Foundation.

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Julie Veroff, a senior in the CDDRL Honors Program, has been named a Rhodes Scholar. She is one of 32 American men and women selected each year for this prestigious award, the oldest and best known for international study, which provides for two to three years of graduate study at the University of Oxford in England. Veroff plans to begin a M.Phil. program in development studies at Oxford next fall.

Veroff has done volunteer work on behalf of women's and refugees' rights in Nicaragua, Ghana, and Zambia through a United Nations partner organization focusing on refugee empowerment. At Stanford she is majoring in international relations, and will be working closely for the rest of this academic year with her advisor, CDDRL faculty affiliate James D. Fearon, on her honors thesis project, The Impact of Elections on Peace Durability and Quality of Democracy After Civil Wars. This fall Veroff had the opportunity to interview one of CDDRL's Stanford Summer Fellows in Democracy and Development, Luhiriri Byamungu, a human rights lawyer from the Democratic Republic of Congo.

The CDDRL Honors Program offers students majoring in International Relations the opportunity to conduct an independent research project focused on issues of democracy, development, and the rule of law under CDDRL faculty guidance. Such a project requires a high degree of initiative and dedication, significant amounts of time and energy, and demonstrated skills in research and writing. Honors students present a formal defense of their theses in mid-May of their senior year.

Students interested in the CDDRL Honors Program should consult with prospective honors advisers in their junior year and plan to submit their honors thesis proposal in the spring quarter of that year. Choosing courses that provide academic background in an applicant's area of inquiry and demonstrating an ability to conduct independent research are prerequisites for the program, as are a 3.5 grade-point average and strong overall academic record. Required coursework includes INTNL REL199, an honors research seminar that focuses on democracy, development, and the rule of law in developing countries.

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