Abstract:

It has been said that constitutional court judges around the world increasingly participate in a "global judicial dialogue" that causes judges to make increased use of foreign law.  This is a dialogue, however, from which the members of the Taiwanese Constitutional Court are largely excluded.  Taiwan’s precarious diplomatic situation and intense lobbying by China have effectively prevented the members of Taiwan's Constitutional Court from participating in international judicial gatherings and official visits to foreign courts. Nevertheless, the Taiwanese Constitutional Court routinely engages in extensive consideration of foreign law, either expressly or implicitly, when deciding cases.  This fact casts doubt on the notion that "global judicial dialogue" explains judicial use of foreign law.  Comparison of the Taiwanese Constitutional Court and U.S. Supreme Court demonstrates that “global judicial dialogue” plays a much smaller role in shaping a court’s utilization of foreign law than institutional factors such as (a) the rules and practices governing the composition and staffing of the court and (b) the extent to which the structure of legal education and the legal profession incentivizes judges and academics to possess expertise in foreign law.

Speaker Bio:

David Law is Professor of Law and Professor of Political Science at Washington University in St. Louis and Visiting Professor at Georgetown University Law Center. He works in the areas of law and political science, public law, judicial behavior, comparative constitutional law, and comparative judicial politics. Born and raised in Canada, he holds a Ph.D. in political science from Stanford, a B.C.L. in European and Comparative Law from the University of Oxford, and a J.D. from Harvard Law School. He has previously taught at the University of San Diego School of Law and the University of California, San Diego political science department and has been a visiting professor at the National Taiwan University College of Law, Seoul National University School of Law, and Keio University Faculty of Law in Tokyo, and a visiting scholar at the NYU School of Law. His current research focuses on the identification, explanation, and prediction of global patterns in constitutional law, and his recent scholarship on constitutional globalization and the declining influence of the U.S. Constitution has been featured in a variety of domestic and international media.

There are three major components of Cyber security from China’s perspective: Internet information management, Civilian cyber security, and Cyber warfare.

The Chinese government worries that misinformation, dissent opinions and dissemination of rumors could cause social instability, and thus overthrow the regime. As a result, the government has taken many approaches to manage the information in cyberspace. Can the Chinese government fully control the information flow? If not, why?

China has 500 million netizens, more than any other country in the world. How do the government and companies deal with privacy and cyber crime?

Cyber attack from China is widely reported in US media. How do Chinese view US cyber warfare capability? Can "Pearl Harbor" happen in cyberspace?

A better understanding of these questions could be helpful for shaping US cyber policies on China.

Ting Wang is a postdoctoral fellow at CISAC. His research concerns on space debris problems, ASAT weapons, and cybersecurity in China. Before coming to CISAC in 2011, he was a postdoctoral fellow at the Judith Reppy Institute for Peace and Conflict Studies at Cornell University. He received a PhD at the Beihang University in China. His PhD dissertation was titled "Orbital Debris Evolution and Threat to Spacecraft." He also holds a B.A. in aerospace engineering from Beihang University and has worked at the Shanghai Institute of Satellite Engineering. He was a visiting scholar at the Union of Concerned Scientists in 2003, where he began to be interested in security issues.

Francis Fukuyama, has written widely on issues relating to democratization and international political economy.  His most recent book, The Origins of Political Order, was published in April 2011. He is a resident in FSI’s Center on Democracy, Development and the Rule of Law at Stanford University, a senior fellow at the Johns Hopkins SAIS Foreign Policy Institute, and a non-resident fellow at the Carnegie Endowment for International Peace. 

Tu Weiming, has been instrumental in developing discourses on dialogue among civilizations, Cultural China, reflection on the Enlightenment mentality of the modern West, and multiple modernities.  He is currently studying the modern transformation of Confucian humanism in East Asia and tapping its spiritual resources for human flourishing in the global community.  He is a Fellow of the American Academy of Arts and Sciences (AAAS), and a Member of the International Philosophical Society (IIP).     

Sponsored by Stanford Confucius Institute, Beijing Forum, Institute for Advanced Humanistic Studies, Peking University