International Law
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Beth Van Schaack is Associate Professor of Law with Santa Clara University School of Law, where she teaches and writes in the areas of human rights, transitional justice, international criminal law, public international law, international humanitarian law, and civil procedure. 

Prof. Van Schaack joined the law faculty from private practice at Morrison & Foerster LLP where her practice focused on international law, commercial law, criminal defense, and human rights. Prior to entering private practice, Prof. Van Schaack was Acting Executive Director and Staff Attorney with The Center for Justice & Accountability, a non-profit law firm in San Francisco dedicated to the representation of victims of torture and other grave human rights abuses. She was also a law clerk with the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia.  

Encina Ground Floor Conference Room

Beth Van Schaack Visiting Scholar Speaker CDDRL
Seminars

In 2011, the Program on Human Rights (PHR) launched its research initiative on human trafficking to address the main challenges and generate new knowledge on this issue of international concern. Working in collaboration with Stanford faculty and students, this project builds on research underway across the university to create a forum on human trafficking. The goal is to produce collaborative research and policy recommendations to better address the multiple dimensions of human trafficking.

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Lynne Joiner, author of Honorable Survivor: Mao's China, McCarthy's America and the Persecution of John S. Service will discuss and read from her new book, available October 7, 2009.

John Stewart Service (3 August 1909 - 3 February 1999) was an American diplomat who served in the Foreign Service in China prior to and during World War II. Considered one of the State Department's "China Hands," he was an important member of the Dixie Mission to Yan'an. Service correctly predicted that the Communists would defeat the Nationalists in a civil war, but he and other diplomats were blamed for the "loss" of China in the domestic political turmoil following the 1949 Communist triumph in China. In the immediate postwar years, Service was indicted in the Amerasia Affair in 1945, of which a Grand Jury cleared him of wrongdoing.  In 1950 U.S. Senator Joseph McCarthy launched an attack against Service, which led to investigations of the reports Service wrote while stationed in China. Secretary of State Dean Acheson fired Service, but in 1957 the U.S. Supreme Court ordered his reinstatement in a unanimous decision.

Notable reviews:

"Sometimes a writer can use one person's story to illuminate an entire piece of history, and that is what Lynne Joiner does in her engrossing and readable book. . . . This is both a solid addition to scholarship of the Cold War era and the moving, very personal story of the life of one man: brilliant, flawed, long suffering, and honorable indeed."

-Adam Hochschild, author of King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa 

"Joiner ably tells the tragic story of a good American laid low by the basest kind of character assassination masquerading as anti-Communism. All one can say is: 'Read this book and weep!"

-Orville Schell, Director of the Center for US-China Relations, Asia Society.

"Jack Service's experiences in wartime China and postwar America are an exciting tale with important resonances for current foreign policy challenges in countries like Afghanistan, Iraq, Pakistan, and Iran as well as U.S.-China relations. I can't wait to see the movie."

-Susan L. Shirk, former Deputy Assistant Secretary of State (1997-2000); currently Director, University of California Institute on Global Conflict and Cooperation, U.C.-San Diego

‘This maelstrom of political intrigue, with Service at the center, is presented in well-documented and engaging detail. It is critical reading for anyone concerned with China policy and an instance of Congress and the FBI subverting justice."

-Richard H. Solomon, former Assistant Secretary of State for East Asian and Pacific Relations; currently President of the U.S. Institute of Peace 

"Honorable Survivor is the gripping tale of one man's extraordinary life in wartime China and the Kafkaesque era of McCarthyism in America. Lynne Joiner does a masterful job of using new materials to illuminate how personal decisions, great historical forces, and the actions of vindictive and overzealous officials shaped developments in China, the United States, and U.S.-China relations in ways that have yet to be fully resolved."

-Thomas Fingar, former U.S. Deputy Director of National Intelligence for Analysis; currently lecturer at Stanford University 

"Jack Service did not lose China.  On the contrary, he was a hero of the times. . . . This well-written and thoroughly researched book . . . helps us understand the machinations and failures of U.S.-China policy, on both the American and Chinese sides."

-Victor Hao Li, former President, East-West Center, Honolulu, and former Shelton Professor of International Law, Stanford Law School

Lynne Joiner is an Emmy award-winning broadcast journalist, news anchor, and documentary filmmaker. Her work has included assignments for CBS, NBC, ABC, CNN, NPR, Christian Science Monitor Radio, Newsweek, and Los Angeles Times Magazine. She lives in San Francisco, California.

Philippines Conference Room

Lynne Joiner Media Consultant Speaker Shanghi International TV Channel
Seminars
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On April 16, 2009, the Justice Department released four previously classified memos issued by its Office of Legal Counsel (OLC) that provided legal guidance on the permissibility of certain aggressive techniques used during the interrogation of high-ranking al Qaeda suspects. The memos examined these techniques in light of the prohibition against torture under the Convention Against Torture (Torture Convention), the U.S. criminal statute that implements the Torture Convention ("the anti-torture statute"), and the prohibition on cruel, inhuman, and degrading treatment under the Torture Convention. The release of the memos has provoked considerable discussion about possible criminal accountability for government officials who carried out interrogations or who formulated the legal guidance authorizing them. This Insight addresses questions regarding possible criminal liability for the responsible officials and some issues of state responsibility of the United States under international law.

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American Society of International Law "Insight"
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Chin-Shou Wang is an Assistant Professor in the Department of Political Science and the Graduate Institute of Political Economy at the National Cheng Kung University in Taiwan. He has interviewed more than one hundred Taiwanese prosecutors and judges. He recently published an article on judicial independence reform in the Taiwanese Political Science Review. He is currently working on a book titled Revolt from the Bottom: Judicial Independence Reform in Taiwan.

Professor Wang obtained his MA and Ph.D. in Sociology from University of Carolina at Chapel Hill, and BS in Industrial Management from National Cheng Kung University. 

This is a CDDRL seminar within our Democracy in Taiwan Program.

Philippines Conference Room

Chin-Shou Wang Assistant Professor Speaker National Cheng Kung University
Seminars
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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.

CISAC Conference Room

Helen Stacy Senior Fellow Speaker CDDRL
Workshops
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Stephen Macedo joined the faculty of the Princeton University in 1999 as Laurance S. Rockefeller Professor of Politics. On September 1, 2001, he was appointed director of the University Center for Human Values.

Macedo studies topics in political theory, ethics, American constitutionalism and public policy, with an emphasis on liberalism and its critics, and the roles of civil society and public policy in promoting citizenship. He chairs the Princeton Project on Universal Jurisdiction, which has formulated principles of international law to guide national courts seeking to prosecute human rights violations irrespective of the nationality of the victims or alleged perpetrators. From 1999 through 2001, he served as founding director of Princeton's Program in Law and Public Affairs.

Macedo has taught at Harvard University and at the Maxwell School at Syracuse University. He earned a bachelor's degree at the College of William and Mary, master's degrees at The London School of Economics and Oxford University, and a master's degree and Ph.D. at Princeton University

Encina Ground Floor Conference Room

Stephen Macedo Politics Dept. and Director, Center for Human Values Speaker Princeton University
Workshops
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(From the introduction) For more than a decade, international lawyers and international relations scholars have been fascinated by an ever-increasing number of international courts and tribunals. These are producing more international case-law, thereby replacing the traditional scarcity of international law precedents embodied in a few celebrated ICJ and PCIJ cases. Today, there is a host of frequently highly specialized international dispute settlement mechanisms like the WTO Dispute Settlement Body, the International Tribunal for the Law of The Sea, the International Criminal Court, various investment tribunals acting under The International Centre for Settlement of Investment Disputes (ICSID) Convention or other arbitration rules. All apply, interpret and probably ‘make’ international law. One question frequently raised in this context is whether these institutions contribute to the development of a single uniform body of international law or whether they make ‘their own’ ever more fragmented law. To the extent that they must apply specifically agreed upon rules, such as the WTO agreements, various bilateral investment protection treaties or the Law of the Sea Convention, etc., this is of course largely a false problem. In so far as they rely on common rules of international law, coherence vs. fragmentation does indeed arise and is a serious issue.

Scholars of international law have intensely debated these problems mostly under the heading ‘fragmentation’ of international law or ‘proliferation’ of international courts and tribunals. Gerhard Hafner has significantly contributed to this scholarly debate in a number of articles, and most importantly in a report prepared for the International Law Commission (ILC), which triggered the Commission’s work on fragmentation and was further pursued by Gerhard Hafner’s successor on the ILC, Martti Koskenniemi.

It thus appears appropriate to dedicate a few modest thoughts about these issues to a great international lawyer with whom I have had the privilege to work at the Department of International Law and International Relations at the University of Vienna during the last twenty years. Gerhard Hafner will understand that due to the space allotted in this liber amicorum, I must limit the scope of my remarks on fragmentation and proliferation to a specific subfield of international law. He will also appreciate that the chosen field is investment law and arbitration, which, in many respects, may be viewed as a test laboratorium of international law where many of the pertinent problems mentioned above have appeared in particularly visible form.

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Martinus Nijhoff Publishers in "International Law between Universalism and Fragmentation - Festschrift in Honour of Gerhard Hafner", J. Crawford/A. Pellet/I. Buffard/S. Wittich (eds.)
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