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Jared Genser is an attorney in the global government relations group of DLA Piper US LLP in Washington, D.C. and President of Freedom Now (www.freedom-now.org), a non-profit organization that works to free prisoners of conscience worldwide through legal, political, and public relations advocacy efforts. He is a term member of the Council on Foreign Relations and in Winter 2008 will be an Adjunct Professor Law at the University of Michigan Law School teaching a seminar entitled "The UN Security Council in the 21st Century: Operations, Impact, and Reform." Genser was a 2006-2007 Visiting Fellow with the National Endowment for Democracy. His human rights clients have included former Czech Republic President Vaclav Havel, former Norwegian Prime Minister Kjell Magne Bondevik, and Nobel Peace Prize Laureates Aung San Suu Kyi, Desmond Tutu, and Elie Wiesel. Previously, Genser was a management consultant with McKinsey & Company, the global strategy consulting firm. He holds a B.S. from Cornell University, a Master in Public Policy from the John F. Kennedy School of Government at Harvard University where he was an Alumni Public Service Fellow, and a J.D., cum laude from the University of Michigan Law School. He has published op-eds on human rights topics in such publications as the New York Times, Washington Post, Wall Street Journal Asia, International Herald Tribune, The Nation (Bangkok), The Independent (UK), and The Star (Johannesburg), among others.

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Jared Genser Attorney Speaker DLA Piper US LLP, President, Freedom Now
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Conference in Honor of the 25th Anniversary of the Visiting Austrian Professorship at Stanford

Thursday, October 18

10:00 a.m. - 12:00 p.m.

Session I: Managing the Global Economy

Lead Presenter: Ronald McKinnon, Stanford University, "The Evolving World Dollar Standard"

Panel: David Brady, Stanford University; Gerhard Hafner, University of Vienna; Stefan Schleicher, University of Graz

1:30 p.m. - 3:30 p.m.

Session II: International Environmental Policy

Lead Presenter: John Weyant, Stanford University

Panel: Stefan Schleicher, University of Graz; Fritz Steinhausler, University of Salzburg

4:00 p.m. - 6:00 p.m.

Session III: European Security Policy

Lead Presenter: Hanspeter Neuhold, University of Vienna

Panel: Heinz Gaertner, Stanford University; David Holloway, Stanford University; Fritz Steinhausler, University of Salzburg

7:00 p.m

Dinner

Westin Hotel, El Camino Real, Palo Alto

Speaker: Gerhard Casper

Friday, October 19

8:30 a.m. - 10:30 a.m.

Session IV: Trade and Society

Lead Presenter: Tim Josling, Stanford University, "Biotech Regulations in the US and Europe: Consumer Protection or Consumer Protectionism"

Panel: John Barton, Stanford University

10:00 a.m. - 1:00 p.m.

Session V: Development of Democracy in Europe

Lead Presenter: Christophe Crombez, Stanford University, "Democracy in the European Union"

Panel: Coit Blacker, Stanford University; Roberto D'Alimonte, Stanford University

2:00 p.m. - 3:30 p.m.

Session VI: Roundtable on the Future of Transatlantic Relationship

Chair and Moderator: Bill Perry, Stanford University

Panel: Mike McFaul, Stanford University; Hanspeter Neuhold, University of Vienna; Gerhard Hafner, University of Vienna

4:00 p.m. - 5:00 p.m.

Follow-up session on future Stanford/Austria research collaboration

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Conferences

Stanford Law School
Transatlantic Technology Law Forum
559 Nathan Abbott Way
Stanford, CA 94305-8610

(650) 723-8532
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Distinguished Austrian Chair Professor (2010)
Visiting Professor, Stanford Law School
fina_kl_245x331.jpg JD, J.S.D

Siegfried Fina is co-director of the Stanford-Vienna Transatlantic Technology Law Forum (a joint venture of Stanford Law School and the University of Vienna School of Law) and an associate professor of European Union Law and Technology Law at the University of Vienna School of Law in Austria. His work focuses on the business-related and the technology-related law and policy of the European Union as well as on the legal aspects of the EU-U.S. trade and the economic governance issues of the transatlantic marketplace.

Until 2002, Fina was an associate professor of law at the Vienna University of Technology. He also is an adjunct associate professor of law at Danube University Krems in Austria. He is a member of the board of directors of the International Federation for European Law (FIDE) and a member of the European Union Studies Association of the U.S. and Austria. Fina received a JD and JSD from the University of Vienna School of Law. In addition, he received a Diploma in Business Administration from the Vienna University of Economics and Business Administration, a Diploma in Political Science from the University of Vienna Department of Government and Political Science, and a post-graduate Diploma in International Studies from the University of Vienna.

Co-Director, Stanford-Vienna Transatlantic Technology Law Forum
Europe Center Research Affiliate
Associate Professor of Law, University of Vienna, Austria
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Professor Winkler portrays the 'German Question" through the lens of history in the past 150 years. He examines a variety of key issues that have arisen throughout German history and acknowledges that this 'German Question' period has come to an end. Professor Winkler also looks to Germany's future in Europe.

Synopsis

To Prof. Winkler, the reunification of Germany in 1990 resolved the ‘German Question.’ However, he argues that it has been a question not just since World War I but since the dissolution of the Holy Roman Empire in 1806. Prof. Winkler believes that this event was not simply a struggle for territory but also involved striving for unity and freedom. These two key values, which Prof. Winkler emphasizes throughout his lecture, can be characterized by a constitutional nation-state. Prof. Winkler explains that although the 1848 Revolution was a failure, it was a step forward in that Germany realized that Austria was not going to be part of this nation-state when it would be created. Prof. Winkler cites that in creating the Prussian nation-state in 1871, Bismarck took care of the unity aspect. However, “parliamentization,” as he Prof. Winkler puts it, only occurred in 1918. He argues that this democratization of post-World War I Germany helped Hitler’s rise to power and then collapsed once Hitler started taking control of the government.

However, Prof. Winkler explains that Hitler’s fall initiated a learning process for the German people that was even more severe than after 1918, but this time not all had the chance to turn to democracy. Although many Germans longed to be reunited with their compatriots, a new mission for European integration of West Germany arose in as early as the late 1940s. Prof. Winkler explains it was an intellectual movement, primarily advanced by Catholic conservatives, which gradually shifted more to the middle and left. By 1986, this movement had shifted thoroughly left, at a time where many Germans had come to feel that the separation of East and West Germany was necessary, pointing to Auschwitz to support their point.

Prof. Winkler argues that once the Berlin Wall fell, the post-national identity that West Germany had created still remained. This created issues with many desiring European integration before German reunification. However, Prof. Winkler explains this notionwas argued down by notables such as Willy Brandt, who felt the guilt of World War II could not fade through indefinite division. Prof. Winkler argues that once Germany was reunified, although post-war guilt still remained, it had finally achieved unity and freedom, thus resolving the ‘German Question.’ Prof. Winkler finishes by revealing his belief in the uniqueness of German history in that while it belonged to the West, it had continually rejected the democratic enlightenment. Prof. Winkler emphasizes his belief that it is time for Germany to understand its history in order to know where ti stands now and how it can contribute to Europe. He argues that the way Germany confronts its history will be “crucial” to Europe as well.

About the speaker

Heinrich August Winkler studied history, philosophy, and public law in Tubingen, Heidelberg, and Munster. He was associate professor at the Freie Universitat in Berlin in 1970-72 and then professor of modern history in Freiburg until 1991. He has been at the Humboldt-Universitat in Berlin since 1992, and has been a visiting scholar in Princeton, at the Wilson Center in Washington, at the Institute for Advanced Studies in Berlin, and at the Historisches Kolleg in Munich. He is the author of numerous works including "Germany: The Long Road West," for which he won the Friedrich Schiedel Prize for Literature in 2002.

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Heinrich August Winkler Speaker
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Hermann Simon is a historian and director of the New Synagogue Berlin-Centrum Judaicum Foundation. From 1988 to 1995 he supervised the restoration of the historical building which houses the New Synagogue. He read history and oriental studies at the Humboldt University in Berlin, and undertook graduate work on oriental numismatics in Prague, receiving his doctorate in 1976. From 1977 to 1988 he was active in this field, working as curator of oriental coins at the Bode Museum and as Director of Public Relations at the Staatliche Museen, Berlin. He has directed numerous exhibitions at the New Synagogue Berlin-Centrum Judaicum Foundation and elsewhere.

Dr. Simon has authored numerous articles on the history of Jews in Germany and numismatics as well as the book Das Berliner Jüdische Museum in der Oranienburger Straße, the third edition of which appeared in 2000. He is editor of the book series, Jewish Memoirs and Jewish Miniatures, and coeditor of the book series Jews in Berlin (with Andreas Nachama and Julius Schoeps).

Dr. Simon's wife, Deborah Simon, will also be at this seminar. Ms. Simon studied translation and interpreting (English and Spanish) at Humboldt University in Berlin. She has spent her working life teaching German-English translation at her alma mater. Besides translating numerous articles, Ms. Simon has created teaching materials for a variety of university courses in translation studies.

Sponsored by the Forum on Contemporary Europe, the Taube Center for Jewish Studies, and the German Consulate of San Francisco.

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Hermann Simon Director of the New Synagogue Berlin - Centrum Judaicum Foundation Speaker
Seminars
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Branko Milanovic is lead economist in the World Bank research group and visiting professor at the School for Advanced International Studies at Johns Hopkins University. Previously, he was a World Bank country economist for Poland and a research fellow at the Institute of Economic Sciences in Belgrade, Yugoslavia. He received his Ph.D. in Economics in 1987 from Belgrade University.

Milanovic is an expert in economies in transition, income distribution, and globalization.

Recent publications include: Worlds Apart: Measuring International and Global Inequality (Princeton, 2005); Income and Influence: Social Policy and Emerging Economies, with Ethan Kapstein (Russell Sage, 2002); Inequality and Poverty During the Transition From Market Economy (World Bank, 1998).

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Branko Milanovic Lead Economist Speaker World Bank
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Gi-Wook Shin
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The year 2007 marks the 20th anniversary of South Korea's June 10 civil uprising of 1987, and the 10th year since the 1997 Asian financial crisis. To commemorate these occasions, the Korea Herald published a series of contributions from prominent foreign scholars to analyze the significant changes that Korea has undergone during the past two decades. Shorenstein APARC Director Gi-Wook Shin wrote the op-ed below, on the problems of Korean nationalism.

When the Virginia Tech massacre shook American society, Koreans and Korean-Americans alike nervously responded with a deep sense of collective guilt. Many first-generation immigrants took it upon themselves to apologize for the actions of gunman Cho Seung-hui on the grounds that they all share the same Korean ethnicity (meaning blood).

South Korea's ambassador to Washington, Lee Tae-shik, went so far as to say that the Korean- American community needed to "repent," suggesting a 32-day fast, one day for each victim, to prove that Koreans were a "worthwhile ethnic minority in America." The South Korean government offered to send an official delegation to the funerals of the victims.

This episode may seem bizarre or perplexing to non-Koreans since most ethnicities (including Americans) don't have that strong sense of collective responsibility. Yet this incident well illustrates Korea's psyche, i.e., deeply rooted ethnic national identity, which remains strong today.

Korea has been democratizing and globalizing for the last two decades but neither force has weakened the power of nationalism. On the contrary, it has only become stronger.

How can we explain this phenomenon of persistent ethnic nationalism in a country at the forefront of globalization? Where does such a tradition of collectivistic, ethnic identity come from? What are the positive and negative aspects of ethnic nationalism in Korea? How can Korea, as it is becoming a multiethnic society, deal with it in a globalizing world?

Origins and History

Historically Koreans have developed a sense of nation based on shared blood and ancestry. The Korean nation was "ethnicized" or "racialized" through a belief in a common prehistoric origin, producing an intense sense of collective oneness.

Ethnicity is generally regarded as a cultural phenomenon based on a common language and history, and race understood as a collectivity defined by innate and immutable phenotypic and genotypic characteristics. However, Koreans have not differentiated between the two. Instead, race served as a marker that strengthened ethnic identity, which in turn was instrumental in defining the notion of nation. Koreans are said to believe that they all belong to a "unitary nation" ("tanil minjok"), one that is ethnically homogeneous and racially distinctive from its neighbors.

This sense of ethnic homogeneity, contrary to the popular "prehistoric origin" belief, took root in the early 20th century. Faced with imperialist encroachments, from both the East (Japan) and West, Koreans developed the notion of a unitary nation to show its autonomy and uniqueness. For Korea, which had a long history of political, linguistic, and geographic continuity, the internal issues of political integration or geographic demarcation were less important than the threat of imperialism. Enhancement of collective consciousness and internal solidarity among Koreans against the external threat was more urgent. As a result, the ethnic base or racial genealogy of the Korean nation was emphasized.

Sin Chae-ho, a leading nationalist of the time, for instance, presented Korean history as one of the "ethnic nation" ("minjoksa") and traced it to the mythical figure Tangun. According to him, the Korean people were descendants of Tangun Chosun, who merged with the Puy of Manchuria to form the Kogury people. This original blend, Sin contended, remained the ethnic or racial core ("chujok") of the Korean nation, a nation preserved through defense and warfare against outside forces. The nation was defined as "an organic body formed out of the spirit of a people descended through a single pure bloodline" that would last even after losing political sovereignty.

The need to assert the distinctiveness and purity of the Korean nation grew more important under colonial rule, especially as Japan attempted to assimilate Koreans into its empire as "imperial subjects." The assimilation policy was based on colonial racism, which claimed that Koreans and Japanese were of common origin but the former always subordinate.

The theory was used to justify colonialist policies to replace Korean cultural traditions with Japanese ones in order to supposedly get rid of all distinctions and achieve equality between the two nations. Yet colonial assimilation policy meant changing Korean names into Japanese, exclusive use of Japanese language, school instruction in the Japanese ethical system, and Shinto worship. Koreans resented and resisted the policy by asserting their unique and great national heritage. Yi Kwang-su, a leading figure at the time, claimed that bloodline, personality, and culture are three fundamental elements defining a nation and that "Koreans are without a doubt a unitary nation ("tanil han minjok") in blood and culture." Such a view was widely accepted among Koreans: to impugn the natural and unique character of the Korean ethnic nation during colonial rule would have been tantamount to betraying Koreanness in the face of the imperial challenge of an alien ethnic nation. Ironically, Japanese rule reinforced Koreans' claim to a truly distinct and homogeneous ethnic identity.

After independence in 1945, and despite peninsular division into North and South, the unity of the Korean ethnic nation or race was largely taken for granted. Neither side disputed the ethnic base of the Korean nation, spanning thousands of years, based on a single bloodline of the great Han race. Instead, both sides contested for the sole representation of the ethnically homogeneous Korean nation.

Even today, Koreans maintain a strong sense of ethnic homogeneity based on shared blood and ancestry, and nationalism continues to shape Korean politics and foreign relations. Many ethnic Koreans overseas share this sense of ethnic homogeneity, which can explain the response by the Korean American community to the Virginia Tech massacre.

Prize and Price

Ethnic nationalism has been a crucial source of pride and inspiration for the Korean people during the turbulent years of their nation's transition to modernity that involved colonialism, territorial division, war, and dictatorship. It has enhanced collective consciousness and solidarity against external threats and has served Korea's modernization well. Nationalism is also the underlying principle of guiding the current globalization process in the South.

In the North, ethnic national consciousness offered the grounds for the formation of a belief that Koreans are a chosen people, a position that became the epistemological basis for the juche ideology and the recent "theory of the Korean nation as number one." Ethnic nationalism could also play an integrative role in a unification process, as this self-ascribed identity of homogeneity can serve as the basis for the initial impetus toward unification, if not as the stable foundation of a unified Korea.

At the same time, such a blood-based ethnic national identity became a totalitarian force in politics, culture, and society. Individuals were considered only part of an abstract whole, and citizens were asked to sacrifice individual freedom and civil rights for the collectivity.

Nation was also used as a trump card to override other competing identities as well as to justify violations of human and civic rights in both Koreas in the name of the "nation." The power of nationalism has thus hindered cultural and social diversity and tolerance in Korean society.

The dominance of collectivistic, ethnic nationalism constrained space for liberalism in the public sphere. In its formative years of nation building, nationalism developed in opposition to liberalism and these two ideologies were mistakenly positioned against each other. This historical legacy led to the poverty of modern thought in Korea, including liberalism, conservatism, and radicalism. A lack of a liberal base, for instance, made Korean conservatism highly vulnerable to manipulation by authoritarian leaders.

Ironically, the very belief in ethnic unity has also produced tension and conflict between the two Koreas over the last half-century. The prevailing sense of unity in the face of territorial partition has provoked contention over who truly represents the Korean ethnic nation versus who is at fault for undermining that Korean unity. This battle for true national representation helps to explain highly charged inter-Korea conflict, including the Korean War that killed millions of fellows in the name of "national liberation."

Challenges and Future Tasks

Ethnic nationalism will remain an important organizing principle of Korean society. Neither democratization nor globalization has been able to uproot the power of nationalism. It would thus be wrong and dangerous to ignore or underestimate its power, treating it as a mere myth or something to pass away in due course. At the same time, we can't remain simply content with its current role, either.

Instead, it should be recognized that ethnic nationalism has become a dominant force in Korean society and politics and that it can be oppressive and dangerous when fused with racism and other essentialist ideologies. Koreans must strive to find ways to mitigate its potential harmful effects and use it in constructive manner. In particular, Koreans must promote cultural diversity and tolerance, and establish democratic institutions that can contain the repressive, essentialist elements of ethnic nationalism.

This important task is urgent because Korea, on the contrary to popular perception, is becoming a multiethnic society. Today about a half-million migrant labor workers, with the majority coming from China and Southeast Asia, live in the South. Only a decade ago, the number was less than one hundred thousand. Similarly more than one out of 10 marriages is "international," meaning that the spouse is nonethnic Korean (reaching 13.6 percent in 2005). Considering that the figure was only 1.7 percent in 1994, Korea is fast becoming a multiethnic society.

Despite new realities, however, perception and institutions are slow to change. Most Koreans still have stronger attachment to "ethnic Koreans living in foreign countries" than to "ethnic non-Koreans living in Korea." It is also much easier for a Korean-American who to "recover" Korean citizenship than for an Indonesian migrant worker living in Korea to obtain Korean citizenship. This is true even if the Indonesian worker might be more culturally and linguistically Korean than a Korean-American.

The principle of "bloodline" or jus sanguinis still defines the notions of Korean nationhood and citizenship, which are often inseparable in the minds of Koreans. In its formative years, Koreans stressed the ethnic base of nation without a corresponding attention to its civic dimension, i.e. citizenship. After colonial rule, neither state (North or South) paid adequate attention or made serious effort to cultivate a more inclusive notion of citizenship.

Social institutions that can address issues of discrimination against ethnic non-Koreans (e.g., ethnic Chinese known as "hwagyo") have been overlooked and underdeveloped. The Korean nationality law based on jus sanguinis legitimizes consciously or unconsciously discrimination against foreign migrant workers by explicitly favoring ethnic Koreans.

Korea needs to institutionalize a legal system that mitigates unfair practices and discrimination against those who do not supposedly share the Korean blood. Koreans need an institutional framework to promote a national identity that would allow recognition of ethnic diversity and cultural tolerance among the populace, rather than appeal to an ethnic consciousness that tends to encourage a false uniformity and then enforcing conformity to it.

They should envision a society in which they can live together, not simply as fellow ethnic Koreans but as equal citizens of a democratic polity. In fact, it is only a matter of time before Koreans will face serious challenges living in a multiethnic society (e.g., children of ethnically mixed couples, civic rights of migrant labor workers) that it is unprepared to resolve. Preparing for such challenges through public education and legal institutions won't be an easy task and should be an integral part of democratic consolidation processes that are currently under way.

Discussion of unification is premature and problematic if unification occurs without such adjustments. As the German unification experience shows, a shared ethnic identity alone will not be able to prevent North Koreans from becoming "second-class citizens" in a unified Korea. Even worse, because of higher expectations resulting from a shared sense of ethnic unity, a gap between identity (ethnic homogeneity) and practice (second-class citizens) will add more confusion and tension to the unification process.

All said, Koreans should strive to promote ethnic diversity and cultural tolerance, and develop proper legal institution so that all can live together in a multiethnic or unified Korea as equal citizens of a democratic polity. This task will be all the more important and urgent as Korea consolidates democracy, globalizes its economy, and prepares for national unification.

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The current boom of investment arbitration under NAFTA as well as ICSID and other arbitral regimes has demonstrated that the enforcement of treaty obligations has become a standard feature of international law in this particular field of international economic law. The increased probability of actual enforcement of international standards of investment protection is generally welcomed in a system, such as the international legal order, which normally suffers from rather weak enforcement structures. At the same time, the proliferation of investment dispute settlement mechanisms bears its own risks. The concurrent availability of different investment dispute settlement mechanisms may lead to parallel proceedings or to the re-litigation of already decided cases. The CME/Lauder v. Czech Republic arbitrations where the same dispute was arbitrated under two different bilateral investment agreements and the CMS v. Argentina and the LG&E v. Argentina cases where similar issues were addressed demonstrate the inherent danger of a multiplication of procedures if the answers found by different tribunals are contradictory. The proliferation of investment disputes has broader structural implications which need to be addressed in order to secure the viability of this system of international arbitration.

August Reinisch is professor of public international law and European law at the University of Vienna. From 2004 to 2006 he served as Dean for International Relations of the Law School of the University of Vienna. He is also a professional lecturer at the Bologna Center/SAIS of Johns Hopkins University. He currently serves as arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund Law 2001 and as president of an UNCITRAL investment arbitration.

He holds Master's degrees in philosophy (1990) and in law (1988) as well as a doctorate in law (1991) from the University of Vienna and an LL.M. (1989) from NYU Law School. He is admitted to the Bar of New York and Connecticut (since 1990).

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August Reinisch Speaker University of Vienna School of Law, Section Program on International Investment Law in International Arbitral Practice
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Born in 1930, Kurt H. Biedenkopf studied political science at Davidson College, North Carolina, concentrated in law at universities in Munich and Frankfurt, earned his Doctor of Laws in 1958 and received his Master of Law from Georgetown University in 1962. His teaching career began at Ruhr University Bochum in 1963 as Professor of Law and served as Rector from 1967 to 1969. From 1968 to 1970, Professor Biedenkopf chaired the Federal Government Commission on Co-determination and from 1970 to 1973, he was Executive Board member of the Henkel Corporation in Dusseldorf.

Kurt Biedenkopf has held numerous positions in the Christian Democratic Union (CDU) party, including General Secretary (1973-1977), Vice President (1977-1983), and President of North Rhine-Westphalia Regional Association (1977-1987). From 1976 to 1980, and again from 1987-1990, Professor Biedenkopf was a member of the Federal Parliament (Bundestag) and in 1977, he served as Chairman of the Institute for Economic and Social Policy in Bonn. From 1980 to 1988, he was a member of the Regional Parliament (Landtag) of North Rhine-Westphalia. Besides he published several books and was awarded honorary doctorates by Davidson College, Georgetown University and Catholic University by Brussels.

In 1990 during the transitional period to democracy and market economy he was Guest Professor of Law at Leipzig University. In this time he was leading the Christian Democratic Union of Saxony to success in the in the first free election after German unification 1990. Since he has been a member of the Regional Parliament and sworn in as first Minister President of Saxony. His re-election was on October 6, 1994, and once again on September 9, 1999. Since November 1, 1999 (until October 31, 2000), he is President of the Deutscher Bundesrat.

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