International Law
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Abstract:

On both sides of the Taiwan Strait and on both sides of Taiwan’s partisan divide, international legal concepts—the criteria for statehood, other factors that matter for international status (including democratic politics and human rights), standards for and rights of self-determination and secession—have been key weapons in the political struggle over Taiwan’s international stature and security and the nature and trajectory of cross-Strait relations.  Rooted in steps taken during the early days of China’s Reform Era, this pattern of politics developed dramatically during the Lee Tenghui and Chen Shui-bian presidencies on Taiwan and has taken new turns since Hu Jintao shifted Beijing’s cross-Strait policies and Ma Ying-jeou came to power in Taiwan.  The prospect of Ma’s second term and a leadership transition on the Mainland raise new questions about future trends in this unusually international law-focused politics.

 

Speaker Bio:

Jacques deLisle is the Stephen A. Cozen Professor of Law, professor of political science, and associate director of the Center for the Study of Contemporary China at the University of Pennsylvania and the director of the Asia Program at the Foreign Policy Research Institute.  His writings on Taiwan’s politics and international status, cross-Strait relations, China’s approach to international law, and domestic legal reform and its challenges in China appear in law reviews, international affairs journals, policy commentaries, and other media.

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Jacques deLisle Professor of Law and Political Science Speaker the University of Pennsylvania and Director of the Asia Program at the Foreign Policy Research Institute
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Diego García-Sayán was elected President of the Inter-American Court of Human Rights for the 2010-11 and reelected for the term 2012-2013. He was the first Peruvian to be elected President of the Court. He has  served as a judge on the court since 2004. During his distinguished career, Judge García-Sayán has served as Minister of Justice of Perú, and Minister for Foreign Affairs of Perú and as a member of the Peruvian Congress.  He founded the Andean Commission of Jurists and was the Chairperson of the United Nations Working Group on Enforced or Involuntary Disappearances.  Judge García-Sayán is a university professor at Pontifical Catholic University of Peru and author of many publications on international law and human rights.

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Honorable Judge Diego García-Sayán President Speaker Inter-American Court of Human Rights
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The Program on Human Rights concluded its ninth and final installment of the Sanela Diana Jenkins International Speakers Series on March 13 with presentations with Dr. Mohammed Mattar, executive director of the Protection Project and professor at Johns Hopkins University and Professor Alison Brysk, chair of Global Governance, Global and International Studies at UC Santa Barbara.

Dr. Mattar noted that while effective anti-trafficking laws depend on law enforcement and survivor protection, the key intellectual and ethical rationale of such laws is the concept of the exploitation of vulnerable people in vulnerable circumstances. Dr. Mattar explained the legal distinction between “human trafficking” and “slavery,” emphasizing that the latter is based on twin ideas of human beings as commodities to be bought and sold, as well as the exercise of ownership of one person over another. “There is no doubt that human trafficking is a degrading and severe violation of basic human rights and fundamental freedoms, but it is unnecessary to label human trafficking as slavery because to do so we would need to identify the exercise of powers attached to the right of ownership,” Mattar said.

Among the challenges for a more effective anti-trafficking effort, Dr. Mattar listed the need to hold corporations responsible for their acts, to provide access to justice that allows for victim compensation, the engagement of civil society, and criminal enforcement and accountability under existing national and international law.

Professor Brysk explained that globalization has produced pernicious side effects.  The acceleration of migration, especially of women, increases the incidence of gender violence and the commodification of “disposable people.” All these factors enable the increase of human trafficking. Brysk observed that international recognition of trafficking as a form of contemporary slavery has been helpful in influencing policy change. “There is a slavery spectrum,” Brysk said. “We need to work to guarantee physical integrity of people, migration rights and children’s rights.”

She also noted that the focus on sex slavery has high costs because it is based on “protection and not empowerment,” and “rescue over rights.” The individualistic emphasis and sexual focus of anti-trafficking efforts fails to recognize many forms of exploitative globalized labor. Women and children are put in dangerous and debilitating non-sexual jobs. There are also many forms of sexual and gender violence in other forms of exploitative globalized labor, such as in sweatshops.

Together, the speakers in the final session of the Program on Human Rights speaker series made a strong plea for more sophisticated understanding of the dynamics of human trafficking in the 21st century. Sustained research that accounts for contemporary conditions, they told the Stanford audience, is needed to give policy makers and legislators the information and tools they need to combat the alarming global acceleration of human trafficking.

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Abstract: 

This talk draws on case study evidence from Princeton University’s Innovations for Successful Societies to reflect on some current theories about building accountable government.  The focus is on settings where geography, insecurity, and limited resources render conventional management strategies unworkable.

Speaker Bio:

Jennifer Widner is professor of politics and international affairs and director of the Mamdouha S.Bobst Center for Peace & Justice at Princeton University. She runs a research program on institution building and institutional reform called Innovations for Successful Societies, a joint initiative of the Bobst Center and  the Woodrow Wilson School. Before joining the Princeton faculty in 2004-5, she taught at Harvard and the University of Michigan.  Her current research focuses on the political economy of institutional reform, government accountability, and service delivery.  She also remains interested in constitution writing, constitutional design, and fair dealing—topics of earlier research. She is author of Building the Rule of Law (W. W. Norton), a study of courts and law in Africa, and she has published articles on a variety of topics in Democratization, Comparative Politics, Comparative Political Studies, Journal of Development Studies, The William & Mary Law Review, Daedalus, the American Journal of International Law, and other publications.  She is completing work on a book about making government work in challenging settings, drawing on experiences in Africa, Asia, and parts of Latin America. 

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Jennifer Widner Professor of Politics and International Affairs, Woodrow Wilson School Speaker Princeton University
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Abstract:

There is a wide diversity in the provision of public services in India. In some states one can go for miles without seeing a functional school or public health centre, where roads are poorly maintained, and electricity has not yet been introduced. In other places, governments tend to function remarkably in extending basic public services to all, with tremendous consequences to human lives. In this talk, Vivek Srinivasen will explore why some parts of India have developed an impressive social commitment to such services unlike others. In this context, he will also discuss the remarkable changes in Bihar and other parts of North India in the recent years.

 Speaker Bio: 

Vivek Srinivasen joined the Liberation Technology Program as the manager in February 2011 after completing his Ph.D. in Social Sciences from the Maxwell School of Syracuse University. Prior to this, Srinivasen worked with campaigns on various socio-economic rights in India, including the right to food, education and the right to information. Based on these experiences he has written (and co-authored) extensively on issues surrounding the right to food, including Notes from the right to food campaign: people's movement for the right to food (2003), Rights based approach and human development: An introduction (2008), Gender and the right to food: A critical re-examination (2006), Food Policy and Social Movements: Reflections on the Right to Food Campaign in India (2007).

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Vivek Srinivasen Program Manager Speaker Program on Liberation Technology, Stanford University
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From Oxford University Press:

There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this narrative, the nineteenth century's absence is conspicuous--few have considered that era seriously, much less written books on it. But as Jenny Martinez shows in this novel interpretation of the roots of human rights law, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade. Originating in England in the late eighteenth century, abolitionism achieved remarkable success over the course of the nineteenth century. Martinez focuses in particular on the international admiralty courts, which tried the crews of captured slave ships. The courts, which were based in the Caribbean, West Africa, Cape Town, and Brazil, helped free at least 80,000 Africans from captured slavers between 1807 and 1871. Here then, buried in the dusty archives of admiralty courts, ships' logs, and the British foreign office, are the foundations of contemporary human rights law: international courts targeting states and non-state transnational actors while working on behalf the world's most persecuted peoples--captured West Africans bound for the slave plantations of the Americas. Fueled by a powerful thesis and novel evidence, Martinez's work will reshape the fields of human rights history and international human rights law.


Features

  • Forces us to fundamentally rethink the origins of human rights activism
  • Filled with fascinating stories of captured slave ship crews brought to trial across the Atlantic world in the nineteenth century
  • Shows how the prosecution of the international slave trade was crucial to the development of modern international law
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Catherine Baylin J.D. Candidate, Stanford Law School; PhD Candidate, History Department, Stanford University Commentator
Shiri Krebs J.S.D. Candidate, Program in International Legal Studies, Stanford Law School Speaker
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When Asia’s leaders gather in Honolulu next week for the annual Asia Pacific Economic Cooperation summit, Americans will get a glimpse of the Obama administration’s hyperactive Asia agenda. While America has always been a Pacific nation, the Obama administration is now beginning to match the world’s most populous and economically dynamic region with America’s own brand of energy and leadership.

Before President Barack Obama alights on the tarmac in Honolulu, he will have prepared the way to lead anew in Asia. Among a number of significant “firsts” for our nation in the region are:

  • President Obama in 2009 became the first U.S. president ever to attend a meeting with all 10 leaders of the nations that comprise the Association of South East Asian Nations.
  • The United States in 2010 became the first non-ASEAN country to establish a dedicated Mission to ASEAN in Jakarta.
  • Hillary Clinton was the first secretary of state in a generation to make Asia the destination of her first foreign trip.
  • Secretary Clinton also launched the “Lower Mekong Initiative,” a first-of-its-kind agreement between Cambodia, Laos, Thailand, Vietnam, and the United States to enhance cooperation in the areas of water and forest management, education, and health.

Now, President Obama will arrive in Honolulu to, among other things, attempt to get APEC nations to agree to lower tariffs on renewable energy products. He will also continue to negotiate the so-called Trans-Pacific Partnership, an Obama administration initiative with eight Asian nations, with the objective of shaping a broad-based regional trade pact that would include Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore, and Vietnam. Look for announcements of Japanese participation and a framework for the TPP agreement to be announced alongside the APEC summit.

After the APEC summit, President Obama will travel to Bali and attend the East Asia Summit, a fairly new 18-nation security forum—becoming the first U.S. president to attend this annual meeting.

All this activity is especially dramatic following eight years of low-key engagement where Asians griped about missed meetings and America’s strategic attention was focused almost exclusively in the Middle East. But most importantly, there is a well-thought out strategy for re-engagement—a strategy based on renewing long-time allies, engaging seriously newly emerging powers with an eye on preserving stability in the Pacific, while building stronger economic ties to boost American trade, job creation, and long-term economic prosperity at home.

Our stalwart ally Japan was rocked by this year’s devastating earthquake and tsunami, and America is assisting in its recovery. Our alliance remains strong, and Japan continues to be an increasingly active U.S. partner in global affairs.

Relations with South Korea are better than they have ever been. The U.S. Congress just passed a historic free trade agreement, opening the South Korean market for a wealth of American goods. Twice in two years the Obama administration (over Chinese objections) deployed the USS George Washington to the Yellow Sea and the Sea of Japan to conduct exercises with South Korea in response to North Korean aggression. Last month, President Obama welcomed President Lee Myung-bak for a state visit, the first in 10 years by a South Korean president.

President Obama will visit Australia next week to announce a deepened military cooperation pact—building once again on a long-standing alliance. This follows on Secretary of State Clinton’s signing last year of the Wellington Declaration, a roadmap for deepening and expanding the bilateral relationship between the United States and New Zealand.

The Obama administration also is engaging more closely with emerging powers.

The administration in 2010 launched the U.S.-India Strategic Dialogue, which has broadened and deepened relations with New Delhi to include issues from cybersecurity and terrorism to negotiations over a bilateral investment treaty and energy cooperation. Obama also launched the U.S.-Indonesia Comprehensive Partnership, including a series of agreements that will help defense and trade relations. The administration is also working carefully behind the scenes with Myanmar’s new leadership to urge liberalization there.

All of this brings us to China. The flurry of Asian activity makes sense in its own right to further U.S. economic, cultural, and strategic interests, but it is also a component of U.S. policy toward China. The Obama administration’s China policy involves increasing America’s ability to compete with China, working with China where fruitful, and pushing back when China’s actions cross the line. While the U.S.-China relationship is never easy, the administration has avoided major crises and managed to sell Taiwan the largest arm sales packages in any two-year period over the past 30 years without a major breach of relations with Beijing.

Indeed, where cooperation is possible, it is underway. A joint clean energy research center with China is now open, more U.S. Food and Drug Administration officials are based in China to monitor the safety of food and drugs coming to the U.S. market. What’s more, the Obama administration has had some significant success working with Beijing on the nuclear activities of North Korea and Iran, though it has followed a one step forward, two steps back pattern.

The U.S. needs to be engaged in Asia to ensure that China’s rise contributes to stability and prosperity in the region. In 2010, for example, when China made a series of aggressive moves related to the South China Sea, Secretary of State Clinton joined with her counterparts from Southeast Asia, including countries close to China such as Vietnam in what has been called a “showdown,” to make clear their desire for a peaceful, multilateral approach to the conflicting territorial claims there. China backed off its more forward actions and most strident rhetoric.

Similarly, the United States is creating incentives for China to conform to international law and standards. That’s why the Obama administration is negotiating the Trans-Pacific Partnership—a trade pact with high standards to join. The idea is build consensus in the region about a coherent set of regulations that might push China in a helpful direction. TPP rules, for example, are likely to prohibit state-owned enterprises from getting government subsidies not available to privately owned companies, an issue on which Washington has been pushing Beijing hard, with only slow progress to show for it.

These sorts of initiatives are not part of a strategy of “containment” of China, which is not possible or desirable. No Asian country would ever sign up to an anti-China alliance—each, in fact, wants to strengthen its relationship with Beijing. But at the same time, they want America to stick close by. Even if containment were possible, America benefits more from a strong, prosperous China than a weak and resentful one.

Can America afford all this Asian engagement? We have to and we will. The coming years will demand strategic choices. The next time you hear someone complaining about U.S. troops leaving Iraq, remind them that the United States is now investing more wisely and more constructively in the most important region of the world.

Nina Hachigian is a Senior Fellow at the Center for American Progress.

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