Rule of Law
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Gi-Wook Shin
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Growing economic ties and a new interest in cultural exchanges are bringing the countries of Northeast Asia closer together. Yet wounds from past wrongs -- committed in times of colonialism, war, and dictatorship -- are not fully healed. All nations have some sense of victimization -- Japan vis-à-vis the United States and Russia, and China and Korea vis-à-vis Japan -- and often blame others, rather than taking responsibility.

As with many other cases around the world, reconciliation between countries in the region first occurred between governments. Japan established diplomatic rapprochement with countries it had once invaded or colonized: with the Republic of China in 1952, with the Republic of Korea in 1965, and with the People's Republic of China in 1972.

Yet Northeast Asian nations have failed to come to terms with the past. Japan paid no reparations to its former colonies -- though it gave "grants and aid" to South Korea for normalizing their relations -- and China and Korea were excluded from the

San Francisco Treaty that settled Japanese war crimes and atrocities. Historical issues such as disputed territories and Japan's colonial rule were largely swept under the rug in the Cold War system.

The failure to address historical injustice and to reconcile differing views of the past has strained Sino-Japanese relations and friction between Japan and South Korea over Japan's colonial past remains intense. Even South Korea and China are sparring over the history of the ancient kingdom of Goguryeo. In addition, Taiwan is immersed in a reexamination of the past. The history question touches upon the most sensitive issues of national identity and now fuels the fires of nationalism in Northeast Asia.

In Korea, nationalism has offered a framework for dealing with victims of historical injustice such as the comfort women and forced laborers. It forces issues to be framed in binary opposition -- victims vs. aggressors -- and leaves little room for any alternative. Koreans are reluctant to acknowledge their atrocities during the Vietnam War, but readily criticize similar acts committed by the U.S. during the Korean War. Disputes over the kingdom of Goguryeo reflect lingering irredentist Korean nationalism as well as China's rising nationalism.

In Japan, uncertainties and anxieties created by the post-Cold War security environment and a decade of economic stagnation provided a fertile ground for nationalist politics. Nationalist scholars are making headway in producing textbooks to "make Japanese proud of themselves." Increased official use of such symbols as the flag and the national anthem used by imperial Japan are part of Japan's quest to become a "normal nation." The goodwill generated by Prime Minister Abe's visit to China and South Korea soon after taking office, suggesting a conciliatory policy toward Asia, has been undermined by his recent remarks on the comfort woman issue. If there is any difference between Korea and Japan, it is that the left in Korea -- as opposed to the right in Japan -- is at the forefront of nationalist politics.

China is promoting nationalism to bolster social and political cohesion. Beijing needs a new unifying force to mobilize the nation in pursuit of common goals, such as economic modernization, and the "glue" is nationalism. In the post-Tiananmen era, the Chinese leadership appealed to nationalism (patriotism) to shore up their tainted legitimacy. Nationalism also underpins Chinese foreign policy, both in the region and elsewhere. Territorial disputes, human rights issues, nonproliferation issues -- all of these touch the nationalist nerves of Chinese leaders in Beijing. They do not want to jeopardize relations with their Asian neighbors, but neither do they want to lose face.

Thus, despite increased intra-Asian trade, cultural exchanges, and talk about an East Asian community, Korea, Japan, and China all still find politics of national identity appealing. After all, nationalism is not only about ideology, but also thrives on narrowly defined "national interests." Disputed territories always serve as symbols of national sovereignty that cannot be compromised. The mutual suspicion of Japan and China over the disputed Senkaku/Diaoyu islands and other territorial waters, as well as the recent escalation of Japan-Korean tension over Dokdo/Takeshima are but two potent reminders.

There is widespread recognition of the need for reconciliation and the final resolution of historical injustices. But there is a fundamental obstacle to reconciliation -- the existence of divided, even conflicting, historical memories. All of the nations involved are bound by very distinct perceptions of history, often contradictory and separated by different accounts of the past and of the context of events. These perceptions are deeply imbedded in public consciousness, transmitted by education, popular culture and through the mass media.

The most daunting task is coming to a common understanding of the past. Whereas a shared view of the past (World War II at least) served to unify (Western) Europe after two devastating wars, history still divides these three close Asian neighbors. Reconciliation has been "thin," and the history issue continues to mar regional cooperation. To achieve a "thicker" reconciliation, they need to move beyond nation-state-oriented, binary victim/aggressor concepts and approaches, and understand reconciliation as a mutual, interactive process. Citizens' groups, NGOs, victim-activist groups -- be they domestic, transnational, or international, and regardless of political orientation -- should be more actively involved.

Second, Northeast Asian nations must recognize that elements in their shared past may contribute to promoting regional reconciliation. China, Japan, and Korea often argue over history, but it is nonetheless true that elements in their past may also contribute to a regional identity. Coping with Western influence since the 19th century is but one area of common ground. Their experience of building modern nation-states and economies is another example. There exist ample cases and instances of common experiences that can be readily used to formulate a shared view of Northeast Asia's modern history.

Third, we need to encourage and teach critical and independent thinking to young Asians about their respective pasts. In particular, we need to cultivate a mutually acceptable, new national history of each country, resituated in a shared regional identity. Nationalism, regionalism, and internationalism will always coexist, but they need not contradict one another. In this critical time of change and desire to cultivate a shared view, we need to redefine these mutually reinforcing ideologies beyond a narrow, exclusive sense of nation.

Ultimately, building a vision for Northeast Asia's future beyond narrow national and political interests requires enlightened political leadership. Unfortunately, until now, the region has not seen such a visionary leader who is committed to cultivating regional reconciliation. On the contrary, many leaders have politicized the history problem for domestic, nationalist consumption. Interpretations of the past are unavoidably political, producing divided memories, and there is strong temptation to politicize the process for current ideological purposes. However tempting, politically convenient, and even psychologically satisfying it may be to blame others, such an approach will neither heal past wounds nor provide a foundation for the future. We need political leadership that can build public support for sometimes unpopular policies aimed at regional reconciliation.

Reprinted with permission from the Korea Herald.

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J. Alexander Thier is Senior Rule of Law Advisor at the United States Institute of Peace. Prior to joining USIP, Thier was Scholar-in-Residence at Stanford University's Center on Democracy, Development, and the Rule of Law, and a National Fellow at the Hoover Institution. From 2002 to 2004, Thier was legal advisor to Afghanistan's Constitutional and Judicial Reform Commissions in Kabul, where he assisted in the development of a new constitution and judicial system. Thier has also worked as a UN and NGO official in Afghanistan from 1993-1996, as well as in Iraq, Pakistan, and Rwanda. He has written extensively about Afghanistan and is a contributing author of the newly released "Twenty-First Century Peace Operations," edited by William Durch, and was lead project advisor on the PBS documentary, "Afghanistan: Hell of a Nation."

Encina Ground Floor Conference Room

J Alexander Thier Senior Rule of Law Advisor and Co-Director Speaker International Network to Promote the Rule of Law (INPROL)
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Co-Sponsored by The Center for Democracy, Development, and the Rule of Law;

the Stanford Project on Human Rights Diplomacy, the Project on Peace and Cooperation in the Asian-Pacific Region, and the Center for International Security and Cooperation

Dr. Dan Wei will give an overview of the present state of legal reform in China, and will cover such topics as the death penalty and other criminal procedure reforms, and measures to insure the rights of detainees and prisoners.

He is a professor at the Institute for Procuratorial Theory of the Supreme People's Procuratorate of China, one of the four principal branches of the Chinese judicial system. He was a Fellow of the Danish Institute of Human Rights in 2002, and he travels and speaks widely in China and overseas on topics related to the development of Chinese law and practice.

Since receiving a PhD from Wuhan University in 1999, he has published 5 books and more than 40 articles in the field of criminal justice. His book, Comparative Studies on the Crimes of Trafficking in Persons, published by The Law Press of China in June 2004, is the first specialized Chinese publication on the topic of human trafficking.

As the deputy editor in chief of Chinese Criminal Science, he has transformed the journal into the most authoritative publication in the field of criminology in China. The journal now boasts more than 20,000 readers. The State Council granted him a Special Award for Distinguished Service in 2004.

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Dan Wei Professor Speaker Institute for Procuratorial Theory of the Supreme People's Procuratorate of China
Seminars

The purpose of this conference is to review and rethink the collective knowledge on the theory and practice of democratization and foreign democratic assistance. Some of the main topics of review and discussion include the paths and conditions for democratic transitions; rules and procedures for democratic consolidations; guidelines for foreign assistance for democratic promotion and consolidation.

The conference will gather 30 scholars working at the forefront of the theoretical and empirical research on the subject.

The conference is co-sponsored by the Center on Democracy, Development, and the Rule of Law and the National Academy of Sciences.

Oksenberg Conference Room

Encina Hall
616 Jane Stanford Way
Stanford, CA 94305-6055

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Senior Fellow, Freeman Spogli Institute for International Studies
Ken Olivier and Angela Nomellini Professor of International Studies, Department of Political Science
Peter and Helen Bing Senior Fellow, Hoover Institution
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Michael McFaul is the Ken Olivier and Angela Nomellini Professor of International Studies in Political Science, Senior Fellow at the Freeman Spogli Institute for International Studies, and the Peter and Helen Bing Senior Fellow at the Hoover Institution, all at Stanford University. He joined the Stanford faculty in 1995 and served as FSI Director from 2015 to 2025. He is also an international affairs analyst for MSNOW.

McFaul served for five years in the Obama administration, first as Special Assistant to the President and Senior Director for Russian and Eurasian Affairs at the National Security Council at the White House (2009-2012), and then as U.S. Ambassador to the Russian Federation (2012-2014).

McFaul has authored ten books and edited several others, including, most recently, Autocrats vs. Democrats: China, Russia, America, and the New Global Disorder, as well as From Cold War to Hot Peace: An American Ambassador in Putin’s Russia, (a New York Times bestseller) Advancing Democracy Abroad: Why We Should, How We Can; and Russia’s Unfinished Revolution: Political Change from Gorbachev to Putin.

He is a recipient of numerous awards, including an honorary PhD from Montana State University; the Order for Merits to Lithuania from President Gitanas Nausea of Lithuania; Order of Merit of Third Degree from President Volodymyr Zelenskyy of Ukraine, and the Dean’s Award for Distinguished Teaching at Stanford University. In 2015, he was the Distinguished Mingde Faculty Fellow at the Stanford Center at Peking University.

McFaul was born and raised in Montana. He received his B.A. in International Relations and Slavic Languages and his M.A. in Soviet and East European Studies from Stanford University in 1986. As a Rhodes Scholar, he completed his D. Phil. in International Relations at Oxford University in 1991. 

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Michael A. McFaul Speaker

CDDRL
Stanford University
Encina Hall, C147
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Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies
William L. Clayton Senior Fellow at the Hoover Institution
Professor, by courtesy, of Political Science and Sociology
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Larry Diamond is the William L. Clayton Senior Fellow at the Hoover Institution, the Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies (FSI), and a Bass University Fellow in Undergraduate Education at Stanford University. He is also professor by courtesy of Political Science and Sociology at Stanford, where he lectures and teaches courses on democracy (including an online course on EdX). At the Hoover Institution, he co-leads the Project on Taiwan in the Indo-Pacific Region and participates in the Project on the U.S., China, and the World. At FSI, he is among the core faculty of the Center on Democracy, Development and the Rule of Law, which he directed for six and a half years. He leads FSI’s Israel Studies Program and is a member of the Program on Arab Reform and Development. He also co-leads the Global Digital Policy Incubator, based at FSI’s Cyber Policy Center. He served for 32 years as founding co-editor of the Journal of Democracy.

Diamond’s research focuses on global trends affecting freedom and democracy and on U.S. and international policies to defend and advance democracy. His book, Ill Winds: Saving Democracy from Russian Rage, Chinese Ambition, and American Complacency, analyzes the challenges confronting liberal democracy in the United States and around the world at this potential “hinge in history,” and offers an agenda for strengthening and defending democracy at home and abroad.  A paperback edition with a new preface was released by Penguin in April 2020. His other books include: In Search of Democracy (2016), The Spirit of Democracy (2008), Developing Democracy: Toward Consolidation (1999), Promoting Democracy in the 1990s (1995), and Class, Ethnicity, and Democracy in Nigeria (1989). He has edited or coedited more than fifty books, including China’s Influence and American Interests (2019, with Orville Schell), Silicon Triangle: The United States, China, Taiwan the Global Semiconductor Security (2023, with James O. Ellis Jr. and Orville Schell), and The Troubling State of India’s Democracy (2024, with Sumit Ganguly and Dinsha Mistree).

During 2002–03, Diamond served as a consultant to the US Agency for International Development (USAID) and was a contributing author of its report, Foreign Aid in the National Interest. He has advised and lectured to universities and think tanks around the world, and to the World Bank, the United Nations, the State Department, and other organizations dealing with governance and development. During the first three months of 2004, Diamond served as a senior adviser on governance to the Coalition Provisional Authority in Baghdad. His 2005 book, Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq, was one of the first books to critically analyze America's postwar engagement in Iraq.

Among Diamond’s other edited books are Democracy in Decline?; Democratization and Authoritarianism in the Arab WorldWill China Democratize?; and Liberation Technology: Social Media and the Struggle for Democracy, all edited with Marc F. Plattner; and Politics and Culture in Contemporary Iran, with Abbas Milani. With Juan J. Linz and Seymour Martin Lipset, he edited the series, Democracy in Developing Countries, which helped to shape a new generation of comparative study of democratic development.

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Former Director of the Center on Democracy, Development and the Rule of Law
Faculty Chair, Jan Koum Israel Studies Program
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Larry Diamond Speaker

Department of Political Science
Encina Hall
Stanford University
Stanford, CA 94305-6044

(650) 724-4166 (650) 724-2996
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Professor of Political Science
Gildred Professor of Latin American Studies
William and Gretchen Kimball University Fellow
Senior Research Scholar (by courtesty) of FSI/CDDRL
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Professor Karl has published widely on comparative politics and international relations, with special emphasis on the politics of oil-exporting countries, transitions to democracy, problems of inequality, the global politics of human rights, and the resolution of civil wars. Her works on oil, human rights and democracy include The Paradox of Plenty: Oil Booms and Petro-States (University of California Press, 1998), honored as one of the two best books on Latin America by the Latin American Studies Association, the Bottom of the Barrel: Africa's Oil Boom and the Poor (2004 with Ian Gary), the forthcoming New and Old Oil Wars (with Mary Kaldor and Yahia Said), and the forthcoming Overcoming the Resource Curse (with Joseph Stiglitz, Jeffrey Sachs et al). She has also co-authored Limits of Competition (MIT Press, 1996), winner of the Twelve Stars Environmental Prize from the European Community. Karl has published extensively on comparative democratization, ending civil wars in Central America, and political economy. She has conducted field research throughout Latin America, West Africa and Eastern Europe. Her work has been translated into 15 languages.

Karl has a strong interest in U.S. foreign policy and has prepared expert testimony for the U.S. Congress, the Supreme Court, and the United Nations. She served as an advisor to chief U.N. peace negotiators in El Salvador and Guatemala and monitored elections for the United Nations. She accompanied numerous congressional delegations to Central America, lectured frequently before officials of the Department of State, Defense, and the Agency for International Development, and served as an adviser to the Chairman of the House Sub-Committee on Western Hemisphere Affairs of the United States Congress. Karl appears frequently in national and local media. Her most recent opinion piece was published in 25 countries.

Karl has been an expert witness in major human rights and war crimes trials in the United States that have set important legal precedents, most notably the first jury verdict in U.S. history against military commanders for murder and torture under the doctrine of command responsibility and the first jury verdict in U.S. history finding commanders responsible for "crimes against humanity" under the doctrine of command responsibility. In January 2006, her testimony formed the basis for a landmark victory for human rights on the statute of limitations issue. Her testimonies regarding political asylum have been presented to the U.S. Supreme Court and U.S. Circuit courts. She has written over 250 affidavits for political asylum, and she has prepared testimony for the U.S. Attorney General on the extension of temporary protected status for Salvadorans in the United States and the conditions of unaccompanied minors in U.S. custody. As a result of her human rights work, she received the Doctor of Humane Letters, honoris causa from the University of San Francisco in 2005.

Professor Karl has been recognized for "exceptional teaching throughout her career," resulting in her appointment as the William R. and Gretchen Kimball University Fellowship. She has also won the Dean's Award for Excellence in Teaching (1989), the Allan V. Cox Medal for Faculty Excellence Fostering Undergraduate Research (1994), and the Walter J. Gores Award for Excellence in Graduate and Undergraduate Teaching (1997), the University's highest academic prize. Karl served as director of Stanford's Center for Latin American Studies from 1990-2001, was praised by the president of Stanford for elevating the Center for Latin American Studies to "unprecedented levels of intelligent, dynamic, cross-disciplinary activity and public service in literature, arts, social sciences, and professions." In 1997 she was awarded the Rio Branco Prize by the President of Brazil, Fernando Henrique Cardoso, in recognition for her service in fostering academic relations between the United States and Latin America.

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Terry Karl Speaker

FSI
Stanford University
Encina Hall C140
Stanford, CA 94305-6055

(650) 736-1820 (650) 724-2996
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Satre Family Senior Fellow, Freeman Spogli Institute for International Studies
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Kathryn Stoner is the Mosbacher Director of the Center on Democracy, Development, and the Rule of Law (CDDRL), and a Senior Fellow at CDDRL and the Center on International Security and Cooperation at FSI. From 2017 to 2021, she served as FSI's Deputy Director. She is Professor of Political Science (by courtesy) at Stanford and she teaches in the Department of Political Science, and in the Program on International Relations, as well as in the Ford Dorsey Master's in International Policy Program. She is also a Senior Fellow (by courtesy) at the Hoover Institution.

Prior to coming to Stanford in 2004, she was on the faculty at Princeton University for nine years, jointly appointed to the Department of Politics and the Princeton School for International and Public Affairs (formerly the Woodrow Wilson School). At Princeton she received the Ralph O. Glendinning Preceptorship awarded to outstanding junior faculty. She also served as a Visiting Associate Professor of Political Science at Columbia University, and an Assistant Professor of Political Science at McGill University. She has held fellowships at Harvard University as well as the Woodrow Wilson Center in Washington, DC. 

In addition to many articles and book chapters on contemporary Russia, she is the author or co-editor of six books: "Transitions to Democracy: A Comparative Perspective," written and edited with Michael A. McFaul (Johns Hopkins 2013);  "Autocracy and Democracy in the Post-Communist World," co-edited with Valerie Bunce and Michael A. McFaul (Cambridge, 2010);  "Resisting the State: Reform and Retrenchment in Post-Soviet Russia" (Cambridge, 2006); "After the Collapse of Communism: Comparative Lessons of Transitions" (Cambridge, 2004), coedited with Michael McFaul; and "Local Heroes: The Political Economy of Russian Regional" Governance (Princeton, 1997); and "Russia Resurrected: Its Power and Purpose in a New Global Order" (Oxford University Press, 2021).

She received a BA (1988) and MA (1989) in Political Science from the University of Toronto, and a PhD in Government from Harvard University (1995). In 2016 she was awarded an honorary doctorate from Iliad State University, Tbilisi, Republic of Georgia.

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Mosbacher Director, Center on Democracy, Development and the Rule of Law
Professor of Political Science (by courtesy), Stanford University
Senior Fellow (by courtesy), Hoover Institution
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Kathryn Stoner-Weiss Moderator
Conferences
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The concept of "caesarism" was of considerable importance to Max Weber and, in reading Weber, one cannot help but be struck by the relevance, to our own historical situation. His arguments about what nowadays, we would call "governance" are anything but theoretical as we encounter caesarist tendencies in contemporary politics.

About the Speaker
Born in 1937, Gerhard Casper grew up in Hamburg, the port city on the Elbe River. Mr. Casper studied law at the universities of Freiburg and Hamburg, where, in 1961, he earned his first law degree. He attended Yale Law School, obtaining his Master of Laws degree in 1962. He then returned to Freiburg, where he received his doctorate in 1964. He has been awarded honorary doctorates, most recently in law from Yale and in philosophy from Uppsala.

In the fall of 1964, Mr. Casper emigrated to the United States, spending two years as Assistant Professor of Political Science at the University of California at Berkeley. In 1966, he joined the faculty of the University of Chicago Law School, and between 1979 and 1987 served as Dean of the Law School. In 1989, Mr. Casper was appointed Provost of the University of Chicago. He served as President of Stanford University from 1992-2000.

Mr. Casper has written and taught primarily in the fields of constitutional law, constitutional history, comparative law, and jurisprudence. From 1977 to 1991, he was an editor of The Supreme Court Review.

His books include a monograph on legal realism (Berlin, 1967), an empirical study of the Supreme Court's workload (Chicago, 1976, with Richard A. Posner), as well as Separating Power (Cambridge, MA, 1997) concerning the separation of powers practices at the end of the 18th century in the United States. About the Stanford presidency, he wrote Cares of the University (Stanford, CA, 1997). He is also the author of numerous scholarly articles and occasional pieces.

He has been elected to membership in the American Law Institute (1977), the International Academy of Comparative Law, the American Academy of Arts and Sciences (1980), the Orden Pour le mérite für Wissenschaften und Künste (Order Pour le mérite for the Sciences and Arts) (1993), and the American Philosophical Society (1996).

At present, Mr. Casper serves as a successor trustee of Yale University, a member of the Board of Trustees of the Central European University in Budapest, and a member of the Board of Trustees of the American Academy in Berlin. He is also a member of various additional boards, including the Council of the American Law Institute.

Bechtel Conference Center

FSI
Stanford University
616 Jane Stanford Way
Stanford, CA 94305-6060

(650) 723-2482
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Senior Fellow at the Freeman Spogli Institute for International Studies
Senior Fellow Emeritus at the Stanford Institute for Economic Policy Research (SIEPR)
Peter and Helen Bing Professor in Undergraduate Education, Emeritus
Professor of Law, Emeritus
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Gerhard Casper was Stanford University’s ninth president. He is the Peter and Helen Bing Professor, emeritus, a professor of law, emeritus, and a professor of political science (by courtesy), emeritus, and a senior fellow at both FSI and SIEPR. From July 2015 to July 2016, he served as president (ad interim) of the American Academy in Berlin. He has written and taught primarily in the fields of constitutional law, constitutional history, comparative law, and jurisprudence.  From 1977 to 1991, he was an editor of The Supreme Court Review.

Casper was the president of Stanford University from 1992 to 2000 and served as director of FSI from September 2012 through June 2013. Before coming to Stanford, he was on the faculty of the University of Chicago Law School (starting in 1966), served as dean of the law school from 1979 to 1987, and served as provost of the University of Chicago from 1989 to 1992. From 1964 to 1966, he was an assistant professor of political science at the University of California, Berkeley.

His books include a monograph on legal realism (Berlin, 1967), an empirical study of the workload of the U.S. Supreme Court (Chicago, 1976, with Richard A. Posner), as well as Separating Power (Cambridge, MA, 1997) about practices concerning the separation of powers at the end of the 18th century in the United States. From his experiences as the president of Stanford, he wrote Cares of the University (1997). His most recent book, The Winds of Freedom—Addressing Challenges to the University, was published by Yale University Press in February 2014. He is also the author of numerous scholarly articles and occasional papers.

He has been elected to membership in the American Law Institute (1977), the International Academy of Comparative Law, the American Academy of Arts and Sciences (1980), the Order pour le mérite for the Sciences and Arts (1993), and the American Philosophical Society (1996). From 2000-2008, he served as a successor trustee of Yale University; from 2007-2014, as a trustee of the Committee for Economic Development; and from 2008-2016, as a trustee of the Terra Foundation for American Art. He is a member of international advisory councils at the Israel Democracy Institute (chairman since 2014), the European University at St. Petersburg, and Koç University, Istanbul.

Born in Germany in 1937, he studied law at the universities of Freiburg and Hamburg; in 1961, he earned his first law degree. He attended Yale Law School, obtaining his Master of Laws degree in 1962, and then returned to Freiburg, where he received his doctorate in 1964. He immigrated to the United States in 1964. He has been awarded honorary doctorates, most recently in law from both Yale University and Bard College, and in philosophy from both Uppsala University and the Central European University.

President Emeritus of Stanford University
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Gerhard Casper President Emeritus of Stanford University; Peter and Helen Bing Professor in Undergraduate Education at Stanford; Professor of Law, Professor of Political Science, by courtesy; FSI Senior Fellow; Forum on Contemporary Europe Research Affiliate Speaker
Lectures
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Dr. Linton was born in Philadelphia in 1950 and grew up in Korea, where his father was a third generation Presbyterian missionary. He is a visiting associate of the Korea Institute, Harvard University, for 2006-07. Linton is currently Chairman of The Eugene Bell Foundation, a not-for-profit organization that provides humanitarian aid to North Korea.

Dr. Linton's talk will focus on the Eugene Bell Foundation and its programs. Named for Rev. Eugene Bell, Lintonn's great-grandfather and a missionary who arrived in Korea in 1895, the Foundation serves as a conduit for a wide spectrum of business, governmental, religious and social organizations as well as individuals who are interested in promoting programs that benefit the sick and suffering of North Korea.

Since 1995, the Foundation strives primarily to bring medical treatment facilities in North Korea together with donors as partners in a combined effort to fight deadly diseases such as tuberculosis (TB). In 2005, the North Korean ministry of Public Health officially asked the Foundation to expand its work to include support programs for local hospitals. The Foundation currently coordinates the delivery of TB medication, diagnostic equipment, and supplies to one third of the North Korean population and approximately forty North Korean treatment facilities (hospitals and care centers).

Dr. Linton's credentials include: thirty years of teaching and research on Korea, twenty years of travel to North Korea (over fifty trips since 1979), and ten years of humanitarian aid work in North Korea. Dr. Linton received a Bachelor of Arts degree from Yonsei University in Seoul, Korea, a Masters of Divinity from Korea Theological Seminary, and a Masters of Philosophy and a Ph.D. in Korean Studies from Columbia University.

This public lecture is part of the conference "Public Diplomacy, Counterpublics, and the Asia Pacific." This conference is co-sponsored by The Asia Society Northern California; The Japan Society of Northern California; Business for Diplomatic Action; Center for International Security and Cooperation at Stanford University; and the Taiwan Democracy Program in the Center on Democracy Development, and the Rule of Law at Stanford University.

Philippines Conference Room

Stephen Linton Chairman Speaker The Eugene Bell Foundation
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This talk will analyze the evolution of lawfare, what Jeremy Bentham called "an irregular system of warfare." Meierhenrich introduces lawfare as a conceptually and analytically distinct type of warfare, and a political strategy not previously theorized in any systematic fashion. In his conceptualization, lawfare is a revolutionary strategy for broadcasting power, by which he means a strategy aimed at the systematic and comprehensive overhaul of the foundations of politics and society. This strategy comprises, inter alia, constitutional enactments, ordinary legislation, presidential decrees, and other regulatory instruments. Based on evidence from cases, Meierhenrich illustrates the economy with which the strategy of lawfare may be used and the ingenuity that it requires. Restating an influential aphorism, he shows how law made the state, and the state made law. By so doing, he explains why this irregular system of warfare stands in much higher favor with men in general than that which is carried on by open force -- illustrating the dark side of democracy and the rule of law.

About the speaker:

Jens Meierhenrich is Assistant Professor of Government and of Social Studies at Harvard University, where he is also a Faculty Associate at the Weatherhead Center for International Affairs. He recently served as the Carlo Schmid Fellow in Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia, and has previously worked with Luis Moreno Ocampo, the Chief Prosecutor of the International Criminal Court. Professor Meierhenrich is the author of a genocide trilogy, forthcoming from Princeton University Press, comprising "The Rationality of Genocide," "The Structure of Genocide," and "The Culture of Genocide." His book "The Legacies of Law" on the function of legal norms and institutions in the transition to - and from - apartheid, is currently under review. Meierhenrich's publications also include a series of articles on comparative and international law and politics. Work in progress includes a book on judicial responses to the 1994 genocide in Rwanda, a comparative analysis of international courts and tribunals, and a long-term project on state formation and state collapse. He has conducted extensive field research in several international organizations as well as in Africa, Asia, Europe, and Latin America.

Jens Meierhenrich was a Rhodes Scholar at Oxford University, where he earned a D.Phil. in politics and international relations.

CISAC Conference Room

Jens Meierhenrich Assistant Professor of Government and of Social Studies Speaker Harvard University
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About the talk:

Are property rights obtained through dubious means forever tainted with original sin or can rightholders make their ill-gotten gains legitimate by doing good works? Using an experiment embedded in a survey of 1600 residents of conducted in Russia in October 2006, I find that the original sin of an illegal privatization is difficult to expunge, but that businesspeople can improve the legitimacy of property rights by doing good works, such as providing public goods.

About the speaker:

Timothy Frye is a Professor of Political Science at Columbia University. His research and teaching interests are in comparative politics and political economy with a focus on the former Soviet Union and Eastern Europe. He is the author of Brokers and Bureaucrats: Building Markets in Russia, (Michigan Press 2000), which won the 2001 Hewett Prize from the American Association for the Advancement of Slavic Studies. He has published articles on property rights, the rule of law, protection rackets, economic reform, presidential power, and trade liberalization. Current projects include a book manuscript on the politics of economic reform in 25 postcommunist countries from 1990-2002 and articles on property rights and the rule of law drawing on surveys of business elites and the mass public in Russia.

Timothy Frye received his Ph.D. in political science from Columbia University in 1997. He has an MIA degree from the School of International and Public Affairs at Columbia University, and a BA in Russian language and literature from Middlebury College.

This event is co-sponsored by the Center for Russian, East European and Eurasian Studies (CREES), under Title VI of the Department of Education.

CISAC Conference Room

Timothy Frye Professor of Political Science Speaker Columbia University
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Robert R. Amsterdam, founding partner of the international law firm Amsterdam & Peroff, is counsel to the former Yukos head and political prisoner Mikhail Khodorkovsky. For more than 25 years, Mr. Amsterdam has represented corporations and investors in a variety of emerging markets lacking in rule of law, such as Russia, Nigeria, Venezuela, and Guatemala, overseeing complex commercial litigation and advising on political risk. He has delivered speeches before the Carnegie Endowment, the Cato Institute, Georgetown University, University College London, and Chatham House. He has published numerous opinion articles on energy politics and law in the Wall Street Journal, International Herald Tribune, the National Law Journal, the Guardian, and the Independent, among other media. Mr. Amsterdam maintains a blog at www.robertamsterdam.com and is working on a forthcoming book.

Encina Ground Floor Conference Room

Robert Amsterdam Speaker
Seminars
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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
Workshops
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