International Law
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Since President Lee Myung-bak introduced the "Green Growth" policy in 2008, Korea has actively advocated it in every aspect of the society as a new engine of growth. The Presidential Committee on Green Growth was created as a control tower of the policy developments and green industries were identified, and along the same line of efforts, the Basic Law on Green Growth was enacted.  Korea, among the developing countries under the United Nations Framework on Climate Change (UNFCCC), was the first to volunteer to reduce emissions by 30 percent of anticipated BAU by 2020.  It also initiated the East Asia Climate Partnership through which 200 million USD was pledged to assist developing countries in the region to cope with climate change.  The Lee administration has revealed its ambitious plans to launch Global Green Growth Institute (GGGI) next year, which is presumed to play a catalyst role in inducing a low carbon economy.  Furthermore, it is expected that Korea, as Chair of the G20 in 2010, will aggressively promote green finance and green technology.

Suh Yong Chung is Associate Professor in the Division of International Studies at Korea University and is an international expert on sustainable development law and policy. His research covers various emerging issues in the environment and sustainable development such as climate change, marine environment, and biodiversity both at global and regional level. His most recent works focus on internationalization of Green Growth policy, post-2010 climate change regime formation, and regional environmental institution building in Northeast Asia.  He is a member of the Compliance Committee of the UN Basel Convention, and has participated in various activities of international organizations including the United Nations Industrial Development Organization (UNIDO), UNDP/GEF Yellow Sea Large Marine Ecosystem Project, UNEP’s Northwest Pacific Action Plan (NOWPAP), and United Nations Economic and Social Commission for Asia and Pacific (UNESCAP). He has also advised on international law and policy issues in Korea for the Presidential Committee on Green Growth, Ministry of Foreign Affairs and Trade, Ministry of Knowledge Economy, Ministry of Environment and the Organizing Committee of the 2012 Yeosu EXPO.
 
Suh Yong Chung holds degrees in law and international relations from Seoul National University, the London School of Economics and Stanford Law School. He was a researcher at Shorenstein APARC and has continuously been involved in its activities as the Secretary General of the Stanford APARC Forum in Korea.

Philippines Conference Room

Suh Yong Chung Associate Professor, Division of International Studies, Korea University Speaker
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Over the past eight years, Stanford students have contributed to holding war criminals accountable in trials held both inside the United States and abroad.  Learn how research by students can help to change and/or enforce international law, shape historic memory, and contribute to the construction of the rule of law -- bit by bit.  This forum explores student participation in what is called the "Jesuit Massacre." In 2009, the Spanish National Court formally charged former Salvadoran President Alfredo Christiani Burkard and 14 former military officers for their role in the murder of six Spanish Jesuit priests, their Salvadoran housekeeper and her 16 year-old daughter in November 1989. The Court has called these murders crimes against humanity and state terrorism. In November, Political Science Professor Terry Karl, aided by a team of students, presented extensive evidence to the Spanish Court. The students will talk about their work and what it means

Philippines Conference Room

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

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

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

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

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

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Terry L. Karl Gildred Professor of Political Science and Latin American Studies Moderator
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As the Doha Development Round trade negotiations have stalled, bilateral and regional free trade agreements have become an important alternative. These agreements have proliferated in recent years, and now all of the major trading countries are engaging in serious bilateral trade negotiations with multiple trading partners. This book provides a comprehensive study of recent bilateral and regional trade agreements. There are two main aspects. First, it surveys the most important recent agreements in relation to each substantive topic covered (e.g. intellectual property, investment, services and social policy) and provides an overview of the law being created in these areas. Second, the bilateral and regional trade agreements are explained in the context of economics, international law and international relations.

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A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm.

Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.

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We are pleased to bring you the second dispatch of the year in our series of Shorenstein APARC Dispatches. This month's piece, "Forced Labor Redress in Japan and the United States" comes from Matt Augustine, the Northeast Asian History Fellow for 2009-10 at Shorenstein APARC.

Last month, on October 23, the Nishimatsu Construction Company reached an agreement in the Tokyo Summary Court to set up a trust fund for Chinese who had been forced into labor in Japan during World War II. According to the Asahi Shimbun, the trust fund—worth ¥250 million—will compensate 360 Chinese citizens who were compelled to work at a hydroelectric power plant in Hiroshima Prefecture. Under the terms of the summary settlement, Nishimatsu acknowledged that these Chinese workers were forcibly brought to Japan and apologized for their suffering.This outcome was both overdue and unexpected, particularly since Japan's Supreme Court in 2007 rejected the original lawsuit that five Chinese plaintiffs brought against the construction company in 1998.  Nishimatsu officials maintain that they want to set a new precedent for "social responsibility" in the wake of the corporation's recent scandal involving political donations.  The timing of Nishimatsu's decision coincides with the rise of the new Hatoyama administration, which has promised to improve Japan's relations with China and other Asian neighbors.

Former forced laborers and their bereaved families have pursued litigation against the Japanese government and the corporations that employed them, not only in Japan but also in the United States. The Hayden Bill, which passed the California State Senate in July 1999, opened the door for Chinese and Korean victims to sue Japanese corporations and demand compensation for their hard labor in inhumane working conditions. Although the U.S. Supreme Court thus far has rejected such cases, the unresolved issue of Asian forced labor redress has now been introduced into the U.S. legal system, indicating that the United States has become involved in Japan’s historical disputes.

In fact, the United States was intimately involved in the issue of Asian forced laborers during the Allied Occupation of Japan between 1945 and 1952. U.S. Occupation forces initially attempted to retain Korean coal miners until Japanese repatriates replaced them, but riots in Hokkaido and elsewhere forced authorities to abandon this policy in November 1945. Responding to strong Korean demands, in May 1946 a military government team in Hokkaido gathered over ¥3 million worth of wages, bonuses, and death benefits owed to Korean miners. This amount was but a small fraction of the more than ¥215 million that corporations throughout Japan deposited into an account at the Bank of Japan by 1948. Occupation authorities made several unsuccessful attempts to persuade unwilling Japanese officials to pay back the financial assets owed to Koreans, while U.S. policy gradually changed to oppose reparations demands against Japan. Article 14(b) of the American-drafted San Francisco Peace Treaty signed in September 1951 waived all reparations claims, and the unpaid wage deposits of forced laborers remained a well-kept secret of the Japanese government.

When former forced laborers from South Korea and China began appearing in Japanese courts in the 1990s, their lawsuits helped to clarify the historical record of wartime abuse and postwar cover-up. Lawyers, journalists, and researchers supporting the redress movement dug up hidden official documents, such as the voluminous reports by the Foreign Ministry on Chinese forced labor and by the Welfare Ministry on the unpaid financial deposits of Korean laborers, both compiled in 1946. Although the Japanese government refuses to make such ministry reports public, the Tokyo High Court in 2005 confirmed that the state continues to hold the ¥215 million deposits, which have never been disbursed. While Japanese records remain largely closed, declassified American records can help to answer important questions, including how closely the United States was involved in the process of postwar Japan’s forgetting and neglecting Asian victims of forced labor.

An Asahi Shimbun editorial on October 24, 2009 admonished the Japanese state to take action in the wake of Nishimatsu settlement, since other corporations facing litigation have vowed not to pay reparations unless the government becomes involved. The new Hatoyama administration should first make an unambiguous apology, the editorial contends, then propose a new framework whereby the government and corporations can establish a joint trust fund to compensate former forced laborers and bereaved families. The United States can support this reconciliation process by revisiting the unresolved issue of forced labor—which also included Allied POWs—and reinterpreting the San Francisco Peace Treaty to enable these victims to file legal claims in American and international courts. Proactive U.S. involvement at the government level should also be matched by an enhanced effort toward nongovernmental cooperation between researchers in the United States and Northeast Asia. Shorenstein APARC has been contributing to this effort through its Divided Memories and Reconciliation research project, now in its third year. The Center will also host a colloquium series titled “The American Role in Northeast Asian Reconciliation” during the 2010 winter quarter.

 

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Shorenstein APARC Dispatches are regular bulletins designed exclusively for our friends and supporters. Written by center faculty and scholars, Shorenstein APARC Dispatches deliver timely, succinct analysis on current events and trends in Asia, often discussing their potential implications for business.

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The Center for the Study of the Novel is pleased to present a discussion of Professor Joseph Slaughter's new book, Human Rights Inc: The World Novel, Narrative Form, and International Law.  Prof. Slaughter (Columbia) will be in conversation with Prof. Saikat Majumdar (Stanford) and Prof. Michael Rubenstein (UC Berkeley) in the Terrace Room of the English Department (Building 460, Room 426) on Friday, November 20th, at 3:30 pm.  A reading selection from this book is available as a pdf by email request and in hard copy on the second floor of the English Department, under the grad mailboxes.

Human Rights Inc is, in Simon Gikandi's words, "one of the most intense and intelligent reflections on the relation between the novel and human rights....a model of how students and scholars of literature can respond to the great humanitarian crisis of our time and transform the culture of human rights itself."

Joseph Slaughter is Associate Professor of English and Comparative Literature at Columbia University.  He teaches and publishes in the fields of postcolonial literature and theory, African, Caribbean, and Latin American literatures, postcolonialism, narrative theory, human rights, and 20th-century ethnic and third world literatures. His many publications include articles on the narrative foundations of human rights in Human Rights Quarterly, "Humanitarian Reading" in Humanitarianism and Suffering, torture and Latin American literature in Tulsa Studies in Women's Literature, ethnopsychiatry, Nigerian literature, and globalization in African Writers and Their Readers, colonial narratives of invoice in Emerging Perspectives on Chinua Achebe, city space and the national allegory in Research in African Literatures, human rights, multiculturalism, and the contemporary Bildungsroman in Politics and Culture, a short story translation of Argentine Elvira Orphée's "Descomedido" in The Southwest Review, as well as a co-authored article on contemporary epistolary fiction and women's rights in Women, Gender, and Human Rights. His essay, "Enabling Fictions and Novel Subjects: The Bildungsroman and International Human Rights Law," appeared in a special issue on human rights of PMLA (October 2006) and was honored as one of the two best articles published in the journal in 2006-7; another, "The Textuality of Human Rights: Founding Narratives of Human Personality," was named a winner in the Interdisciplinary Law and Humanities Junior Scholar Workshop held at UCLA in 2004. He has co-edited a special issue on "Human Rights and Literary Form" of Comparative Literature Studies.

Terrace Room
Margaret Jacks Hall / Building 460
Department of English
Stanford University

Joseph Slaughter Author, "Human Rights Inc: The World Novel, Narrative Form, and International Law" Speaker
Saikat Majumdar Speaker Stanford University
Michael Rubenstein Speaker University of California at Berkeley
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Dongwook Kim's research interests include the politics of human rights; international law and organizations; transnational activism; policy diffusion; event history and count models

Encina Ground Floor Conference Room

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CDDRL Hewlett Fellow 2009-2010
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Dongwook Kim received his Ph.D. from the Department of Political Science at the University of Wisconsin-Madison in August 2009. His dissertation, entitled Institutionalizing Human Rights: The United Nations, Nongovernmental Organizations and National Human Rights Institutions, examined why states adopt the UN idea of national human rights institutions and hence create a permanent and independent state institution to promote and protect human rights. The dissertation argued that in the human rights issue area characterized by low cross-border externalities, sovereignty-bound international organizations, and weak self-enforcement by states, human rights NGOs are especially important for states' policy adoption. In his dissertation, Kim specified three causal mechanisms linking NGOs to global diffusion and demonstrated that the UN idea gains special traction in the states connected with strong human rights NGO activism by using event history analysis and case studies.

During the postdoctoral fellowship at CDDRL (2009-2010), Kim will examine the abolition of the death penalty, Amnesty International's letter-writing campaigns called ‘Urgent Action Appeals,' and the effectiveness of national human rights institutions. He will also expand his unique quantitative data on international human rights NGOs to cover the entire period from 1948 to 2009.

Dong Wook Kim Fellow Speaker CDDRL
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The global nuclear order is changing. Concerns about climate change, the volatility of oil prices, and the security of energy supplies have contributed to a widespread and still-growing interest in the future use of nuclear power. Thirty states operate one or more nuclear power plants today, and according to the International Atomic Energy Agency (IAEA), some 50 others have requested technical assistance from the agency to explore the possibility of developing their own nuclear energy programs. This surge of interest in nuclear energy - labeled by some proponents as ‘the renaissance in nuclear power' - is occurring simultaneously with mounting concerns about the healthy of the nuclear nonproliferation regime, the regulatory framework that constrains and governs the world's civil and military- related nuclear affairs. The question then arises: is it possible to have nuclear power without nuclear proliferation? The answer is not clear, for the technical, economic, and political factors that will determine whether future generations will have more nuclear power without more nuclear proliferation are exceedingly complex and interrelated. Dr. Sagan will outline the current state of nuclear power and nuclear proliferation, before examining the weaknesses and promise of existing research on the subject. He argues that a key aspect of ensuring a safe nuclear future will be the strengthening of the NPT through "shared responsibility" for disarmament.

Scott Sagan is a professor of political science and co-director of Stanford's Center for International Security and Cooperation. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as a special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon. He has also served as a consultant to the office of the Secretary of Defense and at the Sandia National Laboratory and the Los Alamos National Laboratory.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989), The Limits of Safety: Organizations, Accidents, and Nuclear Weapons (Princeton University Press, 1993), and with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: A Debate Renewed (W.W. Norton, 2002). He is the co-editor of Peter R. Lavoy, Scott D. Sagan, and James L. Wirtz, Planning the Unthinkable (Cornell University Press, 2000) and the editor of Inside Nuclear South Asia (Stanford University Press, 2009). His most recent publications include "The Case for No First Use," Survival (June 2009) and "Good Faith and Nuclear Disarmament Negotiations" in George Perkovich and James A. Acton (eds.) Abolishing Nuclear Weapons: A Debate (Carnegie Endowment, 2009).

Allen S. Weiner is senior lecturer in law and co-director of the Stanford Program in International Law at Stanford Law School. He is also the co-director of the Stanford Center on International Conflict and Negotiation. His expertise is in the field of public international law and the foreign relations law of the United States. He is a seasoned international lawyer with experience in such wide-ranging fields as national security law, the law of war, international dispute resolution, and international criminal law. His current scholarship focuses on international law and the response to the contemporary security threats of international terrorism and the proliferation of weapons of mass destruction. For more than a decade he practiced international law in the U.S. Department of State, serving as an attorney-adviser in the Office of the Legal Adviser and as legal counselor at the U.S. Embassy in The Hague. In those capacities, he advised government policy-makers, negotiated international agreements, and represented the United States in litigation before the Iran-United States Claims Tribunal and the International Court of Justice. He teaches courses in public international law, international conflict resolution, and international security matters at Stanford Law School. He received a BA from Harvard College and a JD from Stanford Law School.

CISAC Conference Room

CISAC
Stanford University
Encina Hall, E202
Stanford, CA 94305-6165

(650) 725-2715 (650) 723-0089
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The Caroline S.G. Munro Professor of Political Science
The Bass University Fellow in Undergraduate Education  
Senior Fellow, Freeman Spogli Institute for International Studies
rsd25_073_1160a_1.jpg PhD

Scott D. Sagan is Co-Director and Senior Fellow at the Center for International Security and Cooperation, the Caroline S.G. Munro Professor of Political Science, and the Bass University Fellow in Undergraduate Education at Stanford University. He also serves as Co-Chair of the American Academy of Arts and Sciences’ Committee on International Security Studies. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989); The Limits of Safety: Organizations, Accidents, and Nuclear Weapons (Princeton University Press, 1993); and, with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: An Enduring Debate (W.W. Norton, 2012). He is the co-editor of Insider Threats (Cornell University Press, 2017) with Matthew Bunn; and co-editor of The Fragile Balance of Terror (Cornell University Press, 2022) with Vipin Narang. Sagan was also the guest editor of a two-volume special issue of DaedalusEthics, Technology, and War (Fall 2016) and The Changing Rules of War (Winter 2017).

Recent publications include “Creeds and Contestation: How US Nuclear and Legal Doctrine Influence Each Other,” with Janina Dill, in a special issue of Security Studies (December 2025); “Kettles of Hawks: Public Opinion on the Nuclear Taboo and Noncombatant Immunity in the United States, United Kingdom, France, and Israel”, with Janina Dill and Benjamin A. Valentino in Security Studies (February 2022); “The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine” with Allen S. Weiner in International Security (Spring 2021); “Does the Noncombatant Immunity Norm Have Stopping Power?” with Benjamin A. Valentino in International Security (Fall 2020); and “Just War and Unjust Soldiers: American Public Opinion on the Moral Equality of Combatants” and “On Reciprocity, Revenge, and Replication: A Rejoinder to Walzer, McMahan, and Keohane” with Benjamin A. Valentino in Ethics & International Affairs (Winter 2019).

In 2022, Sagan was awarded Thérèse Delpech Memorial Award from the Carnegie Endowment for International Peace at their International Nuclear Policy Conference. In 2017, he received the International Studies Association’s Susan Strange Award which recognizes the scholar whose “singular intellect, assertiveness, and insight most challenge conventional wisdom and intellectual and organizational complacency" in the international studies community. Sagan was also the recipient of the National Academy of Sciences William and Katherine Estes Award in 2015, for his work addressing the risks of nuclear weapons and the causes of nuclear proliferation. The award, which is granted triennially, recognizes “research in any field of cognitive or behavioral science that advances understanding of issues relating to the risk of nuclear war.” In 2013, Sagan received the International Studies Association's International Security Studies Section Distinguished Scholar Award. He has also won four teaching awards: Stanford’s 1998-99 Dean’s Award for Distinguished Teaching; Stanford's 1996 Hoagland Prize for Undergraduate Teaching; the International Studies Association’s 2008 Innovative Teaching Award; and the Monterey Institute for International Studies’ Nonproliferation Education Award in 2009.     

Co-director of the Center for International Security and Cooperation
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Scott D. Sagan Co-Director of CISAC and Professor of Political Science Speaker
Allen S. Weiner Senior Lecturer in Law; Co-Director, Stanford Program in International Law; Co-Director, Stanford Center on International Conflict and Negotiation; CDDRL and CISAC Faculty Member; Forum on Contemporary Europe Research Affiliate Speaker
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The Forum on Contemporary Europe designed and sponsored this meeting as part of its series on global conflict, and peace and reconciliation.  This session was conducted as a high level, by-invitation discussion to bring together policy leaders and FCE Research Affiliates aimed to consider the potential benefit of Stanford research on conflict and negotiation for the continuing process of peace and reconciliation in Northern Ireland.  The meeting included the UK Permanent Secretary for Northern Ireland, with Stanford faculty and FSI/FCE Research Affiliates including

  • Helen Stacy, Principal Investigator, Project on Human Rights
  • Allen Weiner, Co-Director, Stanford Center for International Conflict Negotiation,
  • Byron Bland, Co-Director, Stanford Center for International Conflict Negotiation, and
  • Roland Hsu, Assistant Director, Stanford Forum on Contemporary Europe. 

Also participating were Robin Newman, UK Vice Consul Political, Press and Public Affairs, and Andy Pike, UK Consul for Northern Ireland in Washington, D.C.  Also invited were a select group of post-graduate scholars currently engaged in research with policy implications on human rights, global justice, and international law.

The meeting addressed multiple engagement and intervention strategies, including using the office of the Permanent Secretary with his deep knowledge of historically contested issues and parties, as well as appealing to international mediation from offices including the European Court of Justice and Court of Human Rights.  Participants also discussed possible lessons to be drawn from this peace process for long-standing conflicts in settings such as Darfur, Sri Lanka, and Sub-Saharan and Southern Africa.

The Forum on Contemporary Europe expresses its appreciation for the Office of the UK Consul General in San Francisco co-sponsorship for this event.

Forum on Contemporary Europe

Sir Jonathan Phillips UK Permanent Secretary for Northern Ireland Speaker
Panel Discussions
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