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Pavel Podvig and Anatoli Diakov, professor of physics at the Moscow Institute of Physics and Technology (MIPT), have been awarded the American Physical Society's (APS) Leo Szilard Lectureship Award "for establishing a center for scientific study of arms control, for landmark analyses, and for courage in supporting open discussion of international security in Russia." Since 1991, Diakov has directed MIPT's Center for Arms Control, Energy and Environmental Studies.

Before coming to Stanford in 2004, Podvig worked at MIPT's Center for Arms Control Studies. In 1988, he graduated from MIPT with a physics degree and, in 1990, he helped Diyakov establish the center as Russia's first independent research organization dedicated to analysis of technical issues related to arms control and disarmament. Podvig's work at the center included research on the technical and political aspects of missile defense, early-warning, command and control, and the U.S.-Russian arms control process. In that role, Podvig had an opportunity to work with the leading technical groups in the United States at MIT and Princeton. In Moscow, he led a major research project and edited the book, "Russian Strategic Nuclear Forces" (MIT Press, 2001), which is considered the definitive source on Russia's strategic forces. In 2004, Podvig earned a doctorate in political science from the Moscow Institute of World Economy and International Relations. Since 2001, he has served as a member of the Board of Directors of the "Bulletin of the Atomic Scientists." Since 2006, he has been a member of the APS Committee on International Freedom of Scientists and was appointed committee chair in 2008.

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The Walter H. Shorenstein Asia-Pacific Research Center is pleased to announce that General (ret.) Byung Kwan Kim will join the Center for the 2008-2009 academic year as the first recipient of the Koret Fellowship in the Center’s Korean Studies Program.

General Kim’s expertise in security affairs will be a significant asset to the policy-oriented research activities of our center,” said Professor Gi-Wook Shin, the Center’s director.
While at the Center, General Kim will lead a research project on Korean Peninsula security, including organizing a policy-related conference that will bring Koreans, Americans, and potentially others from the region together to engage in high-level discussions aimed at producing a report for the policymaking community.

The Koret Fellowship, generously funded by the Koret Foundation of San Francisco, was established to bring leading professionals in Asia and the United States to Stanford to conduct research on contemporary U.S.-Korean relations, with the broad aim of fostering greater understanding and closer ties between the two countries.

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Herbert L. Abrams, CISAC member-in-residence and Stanford professor of radiology, emeritus, looks at the issue of a presidential candidate's age and its effect on decision-making.

In the 1996 presidential election, the age of Sen. Robert Dole, who at 73 was the oldest man ever to run for the office, was a substantive issue. Although he was thought to be in good general health, his right kidney had been removed, his remaining left kidney had stones, his electrocardiograms in 1980 and 1981 were abnormal, he had pre-cancerous colonic polyps removed in 1985, and he had undergone a radical prostatectomy for cancer in 1991.

He had smoked for many years and had a family history of heart disease, aneurysm, emphysema and cancer. In 2004, which would have been the last year of a second term if he had won, he had hip replacement surgery followed by a brain hemorrhage.

After the election, Richard Brody, a political scientist at Stanford, and I, in an extensive study of the media coverage at the time (published in 1998 in the Political Science Quarterly,) found that allusions to Dole's age were common, but with only occasional comments on its potential consequences. The impact of aging and ill health on the cognitive capacities essential for an effective presidency was poorly conveyed to the American public.

Hence, more than 60 percent of respondents to surveys were not concerned about Dole's age. Among those for whom age was an important consideration, four times as many voters believed that Dole's age would hamper him as president. That group of the electorate was far more likely to vote for Clinton.

The issue of age is with us once more with Senator John McCain's run for the office. James Reston, the great New York Times journalist of the last century, believed that younger presidents might be more resistant to the stresses of the job. "It is not responsible in this violent age to pick candidates for the presidency from men in their 60s," he wrote.

How would he have reacted to a president who would be 72 at his inauguration and 80 years old in the last year of a second term? The question is a fair one because McCain, if elected, would be the oldest person to be inaugurated in our history. While the Constitution endorsed age discrimination by setting 35 years as the youngest age of a president, it established no upper age limit, perhaps because life expectancy was so much shorter in 1787 than in 2008. When we choose presidents 65 or older, we must grapple with the possibility that they may be unable to fulfill the 208-week-long contractual obligation implicit in their candidacy.

Dominating the illnesses that affect the elderly are heart disease, stroke, cancer, infection, hip fractures, the complications of major surgery and dementia. Heart attacks are frequently accompanied by anxiety, depression, impaired concentration and problems with sleep. Following a stroke, depression, anxiety and emotional lability characterize many patients. A major sequel of surgery is confusion severe enough to impede one's ability to think clearly. The many drugs that the elderly use have significant side effects and may produce cognitive changes.

Dole and McCain supporters may respond, "Why worry about it when the institutional constraints guard us from irrational behavior in the White House?" Because the inherent risks are too great. As Sen. McCain said in a recent interview, "I understand that my age would be a factor at any time."

The term "cognition" refers to the interaction of mental processes that produce human thought. Under its rubric come such faculties as concentration, attention, inventiveness, intuition, memory, foresight, abstract and logical thought. All are applicable to meaningful decision-making, and many are essential when time is short and tensions high. The elderly are more sluggish at processing and retrieving information from short- and long-term memory. There is a 60 percent slowing in the rate of memory search between the ages of 20 and 50 years.

To be sure, both the health problems and the memory changes are unevenly distributed among the population. But why take a chance? Why push the odds and run for the most demanding job in the western hemisphere at an age when illness abounds, memory suffers and energy flags? This is the period when the elderly need their afternoon nap and the absent-minded become more so.

Clearly, some great leaders have functioned well beyond the age of 70. But the presidency is a position that is uniquely and awesomely demanding, extending well beyond thoughtful, meditative policy decisions. It includes many large and pressing operational components, interacting with the White House staff, the cabinet, the Congress, the media, the public, the international community and many elements within the political party system. It is a stressful, power-packed, exhausting job, requiring stamina and energy during long days, weeks and months. It may involve rapid responses to emergencies and crises, with decisions based on a level of accelerated information retrieval and processing that elderly presidents may lack.

Those for whom Dole's age was important and who voted for Clinton in 1996 understood the increased likelihood of illness: in comparison to men aged 45 to 54 years, those aged 75 to 84 years are 34 times more likely to die of stroke, 17 times more likely to die of heart disease, and 12 times more likely to die of malignancy. Nineteen percent of those between 75 and 84 years and almost half over 85 are affected with Alzheimer's disease. While older Americans might have thought that an older person such as Dole would best represent their interests, they were also profoundly aware of their own fragility as they moved along in their seventies.

The media have an obligation to the public. If age affects the quality and duration of a president's performance, as it does, the national interest is best served by making certain that the public is well informed. Thus far, attention to McCain's age has focused on the importance of his choice for vice president. By this time, the media should have demanded and obtained the most recent medical data from McCain.

Dole made public his medical record in detail when he ran. McCain did so in 1999, but has not released the results of a recent comprehensive examination. The voters deserve no less from him, from Clinton, and from Obama. Certainly McCain will want his physicians to inform the voters on the status of his malignant melanomas, diagnosed on four occasions, one more serious than the others.

The Congress also has an obligation. An upper limit on the age of candidates could be achieved by passing a Congressional resolution. This would represent a powerful deterrent to seniors who wish to run and to politicians who would like to nominate them, while leaving the Constitution intact. Madison and Hamilton, who understood the wisdom of a lower limit 200 years ago (when emergency decisions were rarely required) would appreciate the deference to the radically different, complex, interconnected world that we live in today.

An upper limit of 60 to 65 would recognize that the presidency is too demanding - physically, intellectually, psychologically, and emotionally - to place the burden on the shoulders of a senior citizen.

Herbert L. Abrams is a professor at Stanford University School of Medicine and a member-in-residence of the Stanford Center for International Security and Cooperation. He is the author of "The President Has Been Shot: Disability, Confusion and the 25th Amendment" (1992, WW Norton Inc.) and has written about presidential disability and its impact on decision-making.

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How might one think about Chinese power, its dimensions, its effects, and its implications for change in the United States and elsewhere? Dr. David M. Lampton will put China's current trajectory and its conceptions of power in their historical contexts, discuss how China's neighbors are responding to the PRC's growing strength, and explore the vulnerabilities and uncertainties that lie ahead not only for China but the outside world.  
 
Dr. Lampton's work is based on interviews in China, in countries along the PRC's long periphery, and in the United States, as well as extensive documentary research. His book, The Three Faces of Chinese Power: Might, Money, and Minds, was just published by the University of California Press. 

David M. Lampton, Dean of Faculty, is George and Sadie Hyman Professor and Director of China Studies at the Johns Hopkins School of Advanced International Studies and Senior International Advisor on China for the law firm of Akin Gump. Before assuming the post at SAIS in December 1997, he was president of the National Committee on United States-China Relations in New York City for a decade. Dr. Lampton is the author of numerous books and articles on Chinese domestic and foreign affairs. His most recent book is, The Three Faces of Chinese Power: Might, Money, and Minds (University of California Press, 2008), and his articles have appeared in the American Political Science Review, The China Quarterly, Foreign Affairs, Foreign Policy, The New York Times, The Washington Post, and other venues academic and popular. Earlier books and edited volumes include: Same Bed, Different Dreams: Managing U.S.-China Relations, 1989-2000 (University of California Press, 2001) and (editor) The Making of Chinese Foreign and Security Policy in the Era of Reform (Stanford University Press, 2001).

Lampton received his PhD and undergraduate degrees from Stanford University and has lived in the Peoples Republic of China, Taiwan, and Hong Kong. He has an honorary doctorate from the Russian Academy of Sciences' Institute of Far Eastern Studies and is consultant to the Aspen Institute's Congressional Program, the Kettering Foundation, and various corporations and government agencies.

Levinthal Hall

David M. Lampton George and Sadie Hyman Professor and Director of China Studies Speaker the Johns Hopkins School of Advanced International Studies
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In the past, debates regarding the strategic impact of ballistic missile defense were largely theoretical because few systems were ever deployed. This is no longer the case. Today, the United States has begun to deploy BMD systems against short, intermediate and long-range ballistic missiles. Moreover, many of these systems are either transportable or mobile (e.g., the PAC-3, THAAD and Aegis BMD systems) and, hence, can be deployed to protect US allies and US forces overseas. In addition, some foreign governments have expressed interest in deploying such systems, notably Japan. Japan's interest in ballistic missile defense has moved beyond joint research and development and is entering the deployment phase. This raises the issue of the strategic impact of regional BMD systems in Northeast Asia, in particular, whether US/Japanese BMD systems will be effective against emerging North Korean ballistic missile threats and, if so, what impact these BMD systems might have on Chinese ballistic missile capabilities. This seminar will delve into the military/technical capability of regional BMD systems and provide a preliminary assessment of their strategic impact.

Dean Wilkening
directs the Science Program at the Center for International Security and Cooperation at Stanford University. He holds a Ph.D. in physics from Harvard University and spent 13 years at the RAND Corporation prior to coming to Stanford in 1996. His major research interests have been nuclear strategy and policy, arms control, the proliferation of nuclear, biological, and chemical weapons, ballistic missile defense, and conventional force modernization. His most recent research focuses on ballistic missile defense and biological terrorism. His work on missile defense focuses on the broad strategic and political implications of deploying national and theater missile defenses, in particular, the impact of theater missile defense in Northeast Asia, and the technical feasibility of boost-phase interceptors for national and theater missile defense. His work on biological weapons focuses on understanding the scientific and technical uncertainties associated with predicting the outcome of hypothetical airborne biological weapon attacks, with the aim of devising more effective civil defenses, and a reanalysis of the accidental anthrax release in 1979 from a Russian military compound in Sverdlovsk with the aim of improving our understanding of the human effects of inhalation anthrax.

Reuben W. Hills Conference Room

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David G. Victor
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David G. Victor is a professor at Stanford Law School and directs the Freeman Spogli Institute's Program on Energy & Sustainable Development; he is also adjunct senior fellow at the Council on Foreign Relations.

What to do about Mexico's oil company, Pemex, may seem like a parochial issue of interest only to Mexicans and a few oil industry executives. But the matter should be of concern to anybody who is wondering when oil will come down off its near-record highs.

Pemex generates two fifth's of the Mexican government's income and is a lucrative employer, but it is ailing from neglect. For years the government has milked Pemex of cash without giving it the wherewithal to invest in and develop new sources of oil. When President Felipe Calderon proposed last week to reform Pemex and encourage more private investment in oil exploration and refining, his leftist opponents shut down the country's legislature in protest. Pemex, they claimed, is a cherished national treasure that must not be pushed into private hands.

Mexico is hardly the only country that treats its state oil companies as ATMs for governments, unions, cronies and others who siphon the rich benefits for themselves. A large fraction of the world's oil patch is struggling with the problem that bedevils Calderon: how to make state-owned oil companies (which control about three quarters of the world's oil reserves) more effective at finding and producing oil. Veneuzuela's oil output is flagging. Russia's state-owned gas company, Gazprom, is on the edge of a steep decline in production. And in different ways many of the world's state-owned oil companies are struggling to keep pace with rising demand. Simply privatizing them is politically difficult, and thus most of the world's oil-rich governments are struggling to find ways to make state enterprises perform better.

Even among state oil companies, Pemex's performance is notably poor. Used as a cash cow for the government, Pemex has never been able to keep enough of its profits to invest in exploration and better technology, the lifeblood of the best oil companies. Until a few years ago, Pemex invested essentially nothing in looking for new oil fields. It relied, instead, on the aging Cantarell field, which was discovered in the 1970s not by Pemex but by fisherman who were angry that the seeping oil was fouling their nets and assumed that Pemex was to blame. Pemex brought the massive field online with relatively simple technology. A scheme in the late 1990s extended the life of the field, but that effort has run out of steam. On the back of Cantarell's decline, total output from Pemex is sliding; some even worry that Mexico could become a net importer of oil in the next decade or two. They're probably wrong, but even the idea makes people nervous.

At times over the last few decades (including today) Pemex has been blessed with a dream team of smart managers, but even they have not been able to reverse the tide of red ink. That's because the company's troubles run so deep that even the best management can't fix them. Indeed, the most striking thing about Calderon's proposed reforms is that they don't go nearly far enough to make Pemex a responsive company, even though they are on the outer edge of what's probably politically feasible in Mexico.

For example, Calderon proposes a new system of "citizen bonds" that will help bring capital to the company (and because they would be owned by the public, these bonds would help blunt the legal block to any reform—Mexico's Constitution requires that its hydrocarbons be owned by the people). Money alone, though, won't reverse Pemex's fortunes. Part of the problem is that risk taking, which is essential to success in oil, is strongly discouraged. My colleagues at Stanford, in a study released last week, have shown that a system of tough laws that control procurement make managers wary of projects that could fail. Although such laws are designed to help stamp out corruption, a noble goal, they are administered by parts of the Mexican government that know little about the risky nature of the oil business.

Pemex's ability to control its own investment capital is probably more important to its success than anything else. The firm, though, has been hobbled because the government keeps all profits for use in the federal budget and the finance ministry has the final word on all Pemex investments. Solving that problem would require distancing government from the oil company. Given that the government is dependent on Pemex cash, that is politically risky. In fact, the real foundation for Calderon's reforms announced last week actually happened long ago when he first took office and spearheaded an effort to change Mexico's tax system. Much of the Mexican economy doesn't pay taxes to the government, which explains why its need for cash from Pemex is particularly desperate. Those tax reforms, however, are too modest to make a fundamental difference in the government's dependence on Pemex.

Calderon's reforms seem unlikely to solve the politically hardest task: reigning in the Pemex workers' union, which favors projects that generate jobs and benefits for its members. The union is well-connected to Mexico's left-leaning political parties, which helps explain why those same parties are so wary of "privatization." In fact, Calderon's proposals would not privatize the companies, but the union and the left know that cry will rally the people to prevent change.

Elsewhere in the world a thicket of similar, interlocking problems loom over the oil patch. Kuwait has a procurement system much like Mexico's, with a similarly perverse effect on the incentives for workers in that country's oil company to take risks and perform at world standard. Even in Brazil, whose state oil company is one of the best performing, has a hard time keeping the government at bay when it comes to taxing oil output. Two massive new oil finds over the last six months have kindled discussions in Brazil about raising the tax rate and channeling ever more of the oil output for government purposes. In Venezuela, where Chavez has taken a good oil company and run it into the ground, the burden of public projects is so great that the oil company can no longer focus on actually producing oil efficiently, and production is in decline.

The odds are that Calderon will make some reforms but won't transform Pemex. And that outcome, multiplied through state-owned oil companies around the world, suggests that oil output will increase only sluggishly. With demand still strong, oil prices are set to stay high for some time.

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An op-ed by George P. Shultz, William J. Perry, Henry A. Kissinger and Sam Nunn and published in The Wall Street Journal outlines a vision of a world free of nuclear weapons together with specific steps that can reduce nuclear dangers.

Nuclear weapons today present tremendous dangers, but also an historic opportunity. U.S. leadership will be required to take the world to the next stage -- to a solid consensus for reversing reliance on nuclear weapons globally as a vital contribution to preventing their proliferation into potentially dangerous hands, and ultimately ending them as a threat to the world.

Nuclear weapons were essential to maintaining international security during the Cold War because they were a means of deterrence. The end of the Cold War made the doctrine of mutual Soviet-American deterrence obsolete. Deterrence continues to be a relevant consideration for many states with regard to threats from other states. But reliance on nuclear weapons for this purpose is becoming increasingly hazardous and decreasingly effective.

North Korea's recent nuclear test and Iran's refusal to stop its program to enrich uranium -- potentially to weapons grade -- highlight the fact that the world is now on the precipice of a new and dangerous nuclear era. Most alarmingly, the likelihood that non-state terrorists will get their hands on nuclear weaponry is increasing. In today's war waged on world order by terrorists, nuclear weapons are the ultimate means of mass devastation. And non-state terrorist groups with nuclear weapons are conceptually outside the bounds of a deterrent strategy and present difficult new security challenges.

Apart from the terrorist threat, unless urgent new actions are taken, the U.S. soon will be compelled to enter a new nuclear era that will be more precarious, psychologically disorienting, and economically even more costly than was Cold War deterrence. It is far from certain that we can successfully replicate the old Soviet-American "mutually assured destruction" with an increasing number of potential nuclear enemies world-wide without dramatically increasing the risk that nuclear weapons will be used. New nuclear states do not have the benefit of years of step-by-step safeguards put in effect during the Cold War to prevent nuclear accidents, misjudgments or unauthorized launches. The United States and the Soviet Union learned from mistakes that were less than fatal. Both countries were diligent to ensure that no nuclear weapon was used during the Cold War by design or by accident. Will new nuclear nations and the world be as fortunate in the next 50 years as we were during the Cold War?

* * *

Leaders addressed this issue in earlier times. In his "Atoms for Peace" address to the United Nations in 1953, Dwight D. Eisenhower pledged America's "determination to help solve the fearful atomic dilemma -- to devote its entire heart and mind to find the way by which the miraculous inventiveness of man shall not be dedicated to his death, but consecrated to his life." John F. Kennedy, seeking to break the logjam on nuclear disarmament, said, "The world was not meant to be a prison in which man awaits his execution."

Rajiv Gandhi, addressing the U.N. General Assembly on June 9, 1988, appealed, "Nuclear war will not mean the death of a hundred million people. Or even a thousand million. It will mean the extinction of four thousand million: the end of life as we know it on our planet earth. We come to the United Nations to seek your support. We seek your support to put a stop to this madness."

Ronald Reagan called for the abolishment of "all nuclear weapons," which he considered to be "totally irrational, totally inhumane, good for nothing but killing, possibly destructive of life on earth and civilization." Mikhail Gorbachev shared this vision, which had also been expressed by previous American presidents.

Although Reagan and Mr. Gorbachev failed at Reykjavik to achieve the goal of an agreement to get rid of all nuclear weapons, they did succeed in turning the arms race on its head. They initiated steps leading to significant reductions in deployed long- and intermediate-range nuclear forces, including the elimination of an entire class of threatening missiles.

What will it take to rekindle the vision shared by Reagan and Mr. Gorbachev? Can a world-wide consensus be forged that defines a series of practical steps leading to major reductions in the nuclear danger? There is an urgent need to address the challenge posed by these two questions.

The Non-Proliferation Treaty (NPT) envisioned the end of all nuclear weapons. It provides (a) that states that did not possess nuclear weapons as of 1967 agree not to obtain them, and (b) that states that do possess them agree to divest themselves of these weapons over time. Every president of both parties since Richard Nixon has reaffirmed these treaty obligations, but non-nuclear weapon states have grown increasingly skeptical of the sincerity of the nuclear powers.

Strong non-proliferation efforts are under way. The Cooperative Threat Reduction program, the Global Threat Reduction Initiative, the Proliferation Security Initiative and the Additional Protocols are innovative approaches that provide powerful new tools for detecting activities that violate the NPT and endanger world security. They deserve full implementation. The negotiations on proliferation of nuclear weapons by North Korea and Iran, involving all the permanent members of the Security Council plus Germany and Japan, are crucially important. They must be energetically pursued.

But by themselves, none of these steps are adequate to the danger. Reagan and General Secretary Gorbachev aspired to accomplish more at their meeting in Reykjavik 20 years ago -- the elimination of nuclear weapons altogether. Their vision shocked experts in the doctrine of nuclear deterrence, but galvanized the hopes of people around the world. The leaders of the two countries with the largest arsenals of nuclear weapons discussed the abolition of their most powerful weapons.

* * *

What should be done? Can the promise of the NPT and the possibilities envisioned at Reykjavik be brought to fruition? We believe that a major effort should be launched by the United States to produce a positive answer through concrete stages.

First and foremost is intensive work with leaders of the countries in possession of nuclear weapons to turn the goal of a world without nuclear weapons into a joint enterprise. Such a joint enterprise, by involving changes in the disposition of the states possessing nuclear weapons, would lend additional weight to efforts already under way to avoid the emergence of a nuclear-armed North Korea and Iran.

The program on which agreements should be sought would constitute a series of agreed and urgent steps that would lay the groundwork for a world free of the nuclear threat. Steps would include:

  • Changing the Cold War posture of deployed nuclear weapons to increase warning time and thereby reduce the danger of an accidental or unauthorized use of a nuclear weapon.
  • Continuing to reduce substantially the size of nuclear forces in all states that possess them.
  • Eliminating short-range nuclear weapons designed to be forward-deployed.
  • Initiating a bipartisan process with the Senate, including understandings to increase confidence and provide for periodic review, to achieve ratification of the Comprehensive Test Ban Treaty, taking advantage of recent technical advances, and working to secure ratification by other key states.
  • Providing the highest possible standards of security for all stocks of weapons, weapons-usable plutonium, and highly enriched uranium everywhere in the world.
  • Getting control of the uranium enrichment process, combined with the guarantee that uranium for nuclear power reactors could be obtained at a reasonable price, first from the Nuclear Suppliers Group and then from the International Atomic Energy Agency (IAEA) or other controlled international reserves. It will also be necessary to deal with proliferation issues presented by spent fuel from reactors producing electricity.
  • Halting the production of fissile material for weapons globally; phasing out the use of highly enriched uranium in civil commerce and removing weapons-usable uranium from research facilities around the world and rendering the materials safe.
  • Redoubling our efforts to resolve regional confrontations and conflicts that give rise to new nuclear powers.

 
Achieving the goal of a world free of nuclear weapons will also require effective measures to impede or counter any nuclear-related conduct that is potentially threatening to the security of any state or peoples.

Reassertion of the vision of a world free of nuclear weapons and practical measures toward achieving that goal would be, and would be perceived as, a bold initiative consistent with America's moral heritage. The effort could have a profoundly positive impact on the security of future generations. Without the bold vision, the actions will not be perceived as fair or urgent. Without the actions, the vision will not be perceived as realistic or possible.

We endorse setting the goal of a world free of nuclear weapons and working energetically on the actions required to achieve that goal, beginning with the measures outlined above.


Mr. Shultz, a distinguished fellow at the Hoover Institution at Stanford, was secretary of state from 1982 to 1989. Mr. Perry was secretary of defense from 1994 to 1997. Mr. Kissinger, chairman of Kissinger Associates, was secretary of state from 1973 to 1977. Mr. Nunn is former chairman of the Senate Armed Services Committee.

A conference organized by Mr. Shultz and Sidney D. Drell was held at Hoover to reconsider the vision that Reagan and Mr. Gorbachev brought to Reykjavik. In addition to Messrs. Shultz and Drell, the following participants also endorse the view in this statement: Martin Anderson, Steve Andreasen, Michael Armacost, William Crowe, James Goodby, Thomas Graham Jr., Thomas Henriksen, David Holloway, Max Kampelman, Jack Matlock, John McLaughlin, Don Oberdorfer, Rozanne Ridgway, Henry Rowen, Roald Sagdeev and Abraham Sofaer.

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At an April 11 symposium in Washington, D.C., Homeland Security Secretary Michael Chertoff said while the best-laid plans are likely to change if a pandemic or bioterrorism attack hits the United States, having no plans in place is a sure guarantee for disaster. CISAC members Lynn Eden, Martha Crenshaw, and Mariano-Florentino Cuéllar participated in "Germ Warfare, Contagious Disease and the Constitution," a daylong event co-hosted by Stanford Law School. CISAC affiliate Laura K. Donohue conceived and developed the project, which aimed to bring together senior policy-makers and legal experts to discuss how issues of constitutional law inform responses to natural pandemics or bioterrorism attacks.

Secretary Michael Chertoff of the Department of Homeland Security delivered the keynote address April 11 at the panel titled “Germ Warfare, Contagious Disease and the Constitution” in Washington, D.C.

Although the best-laid plans are likely to change if a pandemic or bioterrorism attack hits the United States, having no plans in place is a sure guarantee for disaster, Homeland Security Secretary Michael Chertoff told policy-makers, government officials, constitutional law experts and law students at a symposium April 11 in Washington, D.C.

"Preparation won't eliminate the problems and the stress, and it is often said that no battle plan has ever survived first contact with the enemy," Chertoff told the roughly 200 people attending the event, "Germ Warfare, Contagious Disease and the Constitution," hosted by Stanford Law School and the Constitution Project, a nonprofit organization.

"But I can tell you this," Chertoff continued. "If you don't have a plan, you are definitely going to have the worst-case outcome. A plan at least gives you a running start."

During the symposium, experts discussed the need to reform the complex web of federal and state laws to enable agencies to respond effectively to deadly natural or manmade epidemics—from pandemic flu to smallpox and aerosolized anthrax—while protecting individual rights.

Earlier that day, about 60 people from the current and two previous presidential administrations, public health officials, Stanford academics and law students participated in a closed-door, fictitious scenario that explored the federal government's response to an unfolding deadly epidemic as it crossed state lines. Lynn Eden, associate director for research at Stanford's Center for International Security and Cooperation (CISAC) at the Freeman Spogli Institute for International Studies, moderated the session, which was developed in cooperation with experts from the Department of Homeland Security.

"I think it's the first time detailed issues of constitutional law have been brought to bear in a natural pandemic or bioterrorism exercise," Eden said afterward. "It's very hard to plan for a catastrophe. This approach brought another facet to bear on disaster planning."

Margaret Hamburg, a former assistant secretary in the Department of Health and Human Services, opened the symposium, which was broadcast live on C-SPAN from the Dirksen Senate Office Building. Kathleen Sullivan, director of the Stanford Constitutional Law Center, moderated a panel featuring Stanford law Professors Pamela Karlan and Robert Weisberg; Christopher Chyba, director of the Program on Science and Global Security at Princeton and a former CISAC co-director; Jeff Runge, assistant secretary in the Department of Homeland Security; Michael Greenberger, director of the Center for Health and Human Security at the University of Maryland; and Martin Cetron, director of the Division of Global Migration and Quarantine at the U.S. Centers for Disease Control and Prevention.

Sullivan opened the panel by reflecting on how recent health crises have informed ongoing legal and policy debates: "West Nile virus. Anthrax mailings. Avian flu—responses to these infectious disease issues and concern about bioterrorism are running about our minds as we think about the response to 9/11 and Hurricane Katrina, and the complex web of local, state and federal authority to deal with such emergencies. What does the Constitution have to say about our ability to deal with infectious disease, whether it's naturally occurring or composed as a weapon of violence?"

In the 21st century, Cetron explained, health officials still rely on a "14th-century toolbox of isolation and quarantine" to control an outbreak. That is "part of our modern reality," he said. "The biggest area is not lack of specific authority, but the fact that jurisdictions are highly complex when it comes to international ports of entry [and] interstate movement. There are often overlapping jurisdictions and overlapping authorities. If there's a gap in some of this, the risk is that neither the state nor the feds would want to step up to that responsibility."

Greenberger said state officials are often ignorant about what they can do in an emergency. "The powers given to governors are extraordinary," he said. Three statutes exist in Maryland to authorize declarations of emergency and allow the governor to enforce isolation and quarantine of infected people, order citizens to take treatment against their will, force doctors to serve in dangerous situations and seize hospitals. "What's extraordinary is that most governors don't even know they have this power," Greenberger said. "The extent of legal illiteracy in this area is shocking."

Despite such challenges, Chertoff praised the participants for tackling the issue. "I think for the first time we've begun to think very seriously and in a disciplined fashion about how to plan for dealing with a major natural pandemic or a major biological attack," he said. "I wish I could tell you these things are unthinkable. But the one thing I've learned in the last seven years is there's pretty much nothing that's unthinkable."

Stanford in Washington

Laura K. Donohue, a CISAC affiliate and a 2007 Stanford Law School graduate who is the inaugural fellow at the Stanford Constitutional Law Center, conceived the daylong event to bring together policy-makers and constitutional experts to discuss response to natural pandemics and bioterrorism. "It was a chance to bring together the policy world, both operational and strategic, and give them the opportunity to talk to legal experts," she said. "This helped policy-makers think through the issues and think outside the box, and it did so in a non-threatening manner."

Donohue said she was prompted to create the symposium after directing a CISAC-supported terrorism-response exercise in 2003 that involved more than 25 agencies at the national, state and local levels. "In these exercises involving first responders, legal issues always got pushed off the table," Donohue said. "I was struck by this. In an emergency, the law goes out the window. Then, when I got to law school, I saw the broader legal and constitutional context for this discussion."

With support from the directors at CISAC and Stanford Law School, and funding from donor Peter Bing and the Stanford Constitutional Law Center, Donohue brought the two groups together in a high-profile setting.

"This was Stanford in Washington," she said. "It was an opportunity for Stanford to be visible at the U.S. Senate with participation from leading people on these issues. There is no doubt we got an audience we wouldn't otherwise have attracted."

This article first appeared in Stanford Report, 4/16/2008.

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Shorenstein APARC Distinguished Fellow Michael H. Armacost discusses U.S.-South Korea ties and points out challenges ahead. "From free trade to North Korea's nuclear threat," writes Armacost in the Christian Science Monitor, "both sides must move past years of missteps."

Stanford, Calif. - The visit this week of South Korea's new president, Lee Myung Bak, offers a rare opportunity to put the American-Korean relationship back on a more solid footing. President Lee, who won a decisive victory in last December's election, has expressed views on the security alliance, a bilateral free trade agreement, and policy toward North Korea that are thoroughly compatible with US interests. And Mr. Lee's authority was bolstered by his party's substantial victory in legislative elections April 9.

The question is whether Washington is poised to take advantage of this convergence of views.

For the past eight years, a major perception gap between Seoul and Washington has been painfully evident. Our governments often worked at cross-purposes in the six-party talks to denuclearize North Korea. Progressive governments in South Korea encouraged peaceful coexistence with the North through a pattern of unreciprocated engagement. For much of that time, the Bush administration sought to isolate and pressure Pyongyang into relinquishing its nuclear ambitions, and it made little effort to conceal its hopes for a regime change in Pyongyang.

When Washington decided to move its military headquarters out of Seoul in 2003, many Korean officials suspected that the Americans were just eager to get troops out of North Korean artillery range. President Roh Moo Hyun at times seemed interested in carving out a role as a balance wheel between the major powers in Northeast Asia. Meanwhile, the US was preoccupied by problems in the Middle East, and some American officials wondered if the US-Republic of Korea (ROK) alliance could long survive when one party dismissed the North Korean threat while the other viewed it as increasingly menacing.

Now comes Lee, a former mayor of Seoul and Hyundai construction executive with a reputation for tough-minded, pragmatic conservatism, eager to correct what he described as the misguided priorities of past ROK administrations. In a recent meeting with New Beginnings, a group of American policy experts on Korea, Lee appeared determined to accord priority to the alliance with the United States, exact a measure of reciprocity from the North, forestall major economic concessions to the North until it abandons its nuclear activities, and design a more ambitious global role for his country.

Surely Washington welcomes Lee's priorities. The tougher question is whether it can work effectively with him to translate shared aims into concrete results. This will pose three particular challenges.

First, on the nuclear issue, undeniably, bilateral talks with Pyongyang can facilitate diplomatic progress. There are dangers as well. Disconnects with the Japanese have deepened, and their officials occasionally complain about American "betrayals" in the discussions with Pyongyang. The North has consistently sought to use the negotiations to split the US and its allies. Success in the talks requires coordinated diplomacy between the US and the North's neighbors – especially with South Korea. In the past it often appeared that South Korean presidents worried less about Pyongyang's nuclear activities than Washington's possible reactions to them.

Today, there is the danger that South Korean conservatives may fear that Washington will ultimately acquiesce in North Korea's nascent nuclear status. No attempt to contain, let alone eliminate, the North Korean nuclear program can succeed unless the US and ROK governments work closely together. This will require a higher standard of candor and mutual trust in bilateral consultations than has been typical in recent years.

Second, the ratification of the Korea-US free-trade agreement (FTA) is a vital piece of unfinished business. Lee appears prepared to resume imports of US beef (halted due to mad cow disease concerns), essential to moving the FTA forward in Congress. Unfortunately, the Democratic presidential contenders are pandering to special interests on trade issues in a way they will probably later regret. Both sides have strategic and commercial interests at stake. The US stands to gain much more in increased exports from the FTA, while the Koreans hope that liberalizing foreign access to their economy will make them more competitive. So there is much to gain by nailing down this deal. A failure to complete it would be a significant strategic setback for our partnership.

Third, there is the question as to whether our political cycles will again diverge. For the past eight years, the US has been led by one of its most conservative administrations, while South Korea was headed by its most liberal president. Missteps were, perhaps, inevitable. And they have persisted, even though some effective work was done behind the scenes to forge cooperative arrangements on trade and force-deployment issues.

Lee's election signifies a conservative swing in South Korea's politics, while polls suggest the US may be moving in the opposite direction. Thus, a felicitous convergence of US and ROK official perspectives could prove fleeting. Yet the interests we share in expanded commerce, in modernizing our alliance, and in approaching the North with a joint strategy for "denuclearization" are compelling. They transcend partisan politics. They serve our respective national interests. The time to capitalize on them is now.

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