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Scholars discuss research, possible collaboration on rule of law

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With the American government shut down over congressional budget battles, it seems like a particularly opportune time for scholars to talk about the challenges of governance and the rule of law.

But the political scientists and legal experts who gathered this week for a rule of law workshop organized by the Freeman Spogli Institute for International Studies and Stanford Law School probably didn’t see this crisis coming.

Photo Credit: Rod Searcey

“When we first began talking, Gerhard said the rule of law and governance are not peculiar only to developing counties,” Paul Brest, a professor and former dean of the law school, said as he recalled discussing such a workshop with Gerhard Casper, a constitutional law expert and FSI senior fellow. “I don’t think he predicted where the United States would be today.”

The half-day workshop brought together 20 scholars associated with FSI and the law school who discussed their individual research and explored possibilities for collaboration.

Their wide-ranging discussions covered the definitions and measurement of rule of law, governance in developed and developing countries, political participation, partisanship, and policy implementation.

“How do you implement what sounds like a thoughtful, abstract idea?” asked Mariano-Florentino Cuéllar, FSI’s director and law school professor, in discussing the complexity of the concept of rule of law. “There is something about the rule of law that has to go beyond whether a statute is complied with. A society also has to think smartly about how to manage discretion.”

But bending the rules without breaking the rule of law “is a difficult matter," said law school Professor Jenny Martinez – and one worthy of academic attention.

“Most well-functioning legal systems … involve a certain amount of discretion,” she said. “But that’s something we can explore.”

Discussion sessions were led by Martinez and Cuéllar, as well as Erik Jensen and Bernadette Meyler; Bruce Cain, Larry Diamond and Nathaniel Persily; Francis Fukuyama and Avner Greif.

“There’s a lot of work going on across campus focusing on governance and the rule of law,” Brest said. “Getting together to begin discussing that could create some sort of networks and a whole that is greater than the individual parts.”

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FSI Director Mariano-Florentino Cuéllar leads a discussion during a workshop focused on governance and the rule of law.
Rod Searcey
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Economic Development and Conflict Resolution: Lessons and Challenges from Palestine

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Efforts to bolster economic and private sector development in Palestine are central components to many current efforts to build peace and resolve the conflict. But what do we really know about the relationship between economic development and conflict resolution? What does research, and experience tell us about when economic interventions help reduce conflict, and when they fail? This distinguished panel will offer insights and lessons from Palestine -- with voices from the Palestinian business community, the US government, and academia.

The panel is co-sponsored by the Stanford Center on International Conflict and Negotiation and the Center on Democracy, Development and the Rule of Law.

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Stanford Law School
Moot Courtroom, Room 80

Ammar Aker CEO Speaker Palestine Telecom Group
Allen Weiner Stanford Center on International Conflict and Negotiation Moderator Stanford Center on International Conflict and Negotiation
Sonia Franceski Director Speaker Middle East Affairs, Office of the US Trade Representative
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Democratic Governance in China

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Professor Yu Keping will systematically survey the dominant processes and key issues of China’s governance changes over the last 30 years since reform. His talk will summarize the major achievements and the ongoing problems of this 30 year long process. It will offer a brief analysis of the underlying reasons for these reforms and the main characteristics of China’s governance model. After enumerating an array of factual evidence, Yu will show that the drive behind China’s governance reforms stems from unitary governance to pluralist governance, centralization to decentralization, rule of man to rule of law, regulatory government to service oriented government, and from internal party democracy to the people’s democracy.

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Dr. YU Keping is the Deputy President of the Central Compilation & Translation Bureau (CCTB), and the founding Director of the China Center for Global Governance and Development (CCGGD). He also serves as Prof. and Director of the Center for Chinese Government Innovations at Peking University, and Prof. and Director of the Institute of Political Development at Tsinghua University. He was a visiting professor or senior fellow at many top universities, including Harvard University, Duke University in the US and Free University in Berlin. His fields of expertise include political philosophy, comparative politics, globalization, civil society, governance and politics in China. Among his many books are Governance and Rule of Law in China (ed., Brill, 2012) and Democracy Is A Good Thing (Brookings, 2010).  As a leading intellectual in China, Professor Yu was selected as one of the “30 most influential figures in the past 30 years since the reform in China” in 2008 and ranked 19 in “2011 Global Top 100 Thinkers” by Foreign Policy in the US.

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YU Keping Director of the Center for Chinese Government Innovations Speaker Peking University
Seminars

The Trans-Pacific Partnership and Taiwan's Future Development Strategy

Abstract:

On October 11 and 12th, the Democracy in Taiwan Project at the Center for Democracy, Development, and the Rule of Law, in cooperation with the Shorenstein Asia-Pacific Research Center, will hold its 8th annual conference, on the Trans-Pacific Partnership (TPP). The TPP is a free trade agreement currently being negotiated by at least nine Pacific Rim countries that has the potential to re-shape economic relations in the region for the coming decades. This conference will bring together policymakers and scholars from Taiwan with leading specialists from other Asian countries and the U.S. to examine the evolution, geopolitics and future of the TPP, and also to consider how Taiwan is responding to the challenge of freer trade and what its strategy for deepening its trade relations and maintaining its economic development should be.

 

Among the issues to be addressed are:

  • How the economic and trading environment of East Asia is evolving, and what Taiwan’s future place will be in that regional environment.
  • The development of the Trans-Pacific Partnership as a potentially far-reaching new economic and strategic framework for the region, including the origins and evolution of the TPP, US participation and China’s response, and the implications for the balance of power in East Asia.
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  • The perspectives of other key countries in the region toward the TPP, including Japan, Korea, Singapore, and the People’s Republic of China.

This event is co-sponsored by The Walter H. Shorenstein Asia-Pacific Research Center

 

Conference Resources

 

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Speaker Bios

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Conference Papers

Conference Report (full report, abridged report)

 

 

Conferences
CDDRL Conferences

Technology, Accountability and Democracy in South Asia and Beyond

Over the last few years, there has been unprecedented focus on corruption and accountability across South Asia.  Accountability movements have resulted in a variety of initiatives including special monitoring bodies, transparency laws, monitoring mechanisms, judicial reforms and refining government processes.  These initiatives bring different understandings of problems and approaches, with varied strengths and weaknesses.  Despite these differences, they are increasingly converging on the use of technology to augment a growing set of accountability strategies.

The availability of new devices, the power of the Internet, the reach of mobile phones, and citizen activism give us reason to believe that the use of technology has real promise in advancing the accountability agenda. Yet the claim of technology’s promise is not without its critics. The use of technology has created new avenues for corruption despite claiming to combat it. Technologies rolled out in the name of advancing citizenship also create avenues for greater surveillance and disenfranchisement.  Many initiatives are not controversial, but their effectiveness is yet to be evaluated rigorously. Finally marginalized people, who need tools for accountability more than anyone else, have significantly lower levels of engagement with it.  The promises and problems of technology’s relationship with accountability require closer examination.

This conference proposes to bring together people who are engaged in these questions as activists, officials, academics and innovators to examine how technology is currently being used for accountability projects and to build meaningful platforms for the future. We specifically seek to bring together people with experience in accountability movements (with or without the use of technology), young innovators and researchers in order to promote rich multidisciplinary conversation and to build new collaborations.

One of the most persistent criticisms of technology for democracy projects is that they focus heavily on the tools without paying attention to the complexity of their use and the fact that accountability is a political project steeped in power relations.  In order to ensure that technical imagination goes hand in hand with a sophisticated understanding of the problems and strategies necessary to make technology a tool for progressive change, we propose to invite seasoned civil society activists and leaders from the government who have had a successful track record in managing positive change to meet individuals who are just beginning to consider technology as a response to the same problems. The conference will thus foster an exchange of ideas between innovators and experienced activists so that innovators can share their tools and experiences while also deepening their understanding of technology’s relevance and challenges for potential uses on the ground.  In turn, experienced political, social and economic leaders will gain ideas on how elements of technology can be introduced into in their work.  With this in mind, the conference format provides for opportunities to learn about technology projects, meet with platform creators, and participate in workshops to gain tools suitable for diverse campaign needs. 

The conference will be based on four broad themes: (1) Citizen activism for free and fair elections (2) Combatting “last-mile” corruption in public services (3) Gender, technology and accountability and (4) Building safeguards around India’s Aadhar project.  For further details including application, please download the call for papers below.

 

Organization:

The conference is led by the Center for South Asia and the Center on Democracy, Development and the Rule of Law (CDDRL) both at Stanford University.  It will be organized in partnership with Department of Civics and Politics, University of Mumbai and the Stanford Alumni Association of India.

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University of Mumbai, India

Conferences
CDDRL Conferences
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