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This paper was discussed at the Global Justice workshop on November 3, 2006.

Abstract of Seema Jayachandran's "Applying the Odious Debts Doctrine while Preserving Legitimate Lending":

Odious debts are debts incurred by the government of a nation without either popular consent or a legitimate public purpose. While there is some debate within academic circles as to whether the successor government to a regime which incurred odious debts has the right to repudiate repayment, in the real world this is currently not an option granted legitimacy either by global capital markets or the legal systems of creditor states. There are compelling reasons to reform the law of odious debts to allow for such a repudiation in citizens of a tyrant to repay their oppressor's personal debts, but the burden of odious-debt servicing can perpetuate the cycle of state failure which has direct national security consequences. In addition, a properly designed odious debt reform could function as an alternative sanctions mechanism to trade sanctions with fewer harmful implications for the general population of the targeted state. Classical proponents of odious debt reform advocate for recognition of a legal rule under which successor governments could challenge the validity of debts incurred by prior regimes against the odious debt legal standard in a judicial-style forum. We make the case for an alternative "Due Diligence" model of reform which provides far greater ex ante certaining for lenders both as to which investments from subsequent invalidation. The Due Diligence Model also solves certain time-consistency problems inherent to the Classical model.

About the Author

Seema Jayachandran is assistant professor of economics at Stanford University. She received her PhD in economics from Harvard University. She specializes in development economics, labor economics, and political economy.

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Is there a human right to democracy? My answer, in brief, is ‘no’. Five interconnected claims will play a role in my argument for this conclusion:

  1. Justice requires democracy.
  2. Human rights are a proper subset of the rights founded on justice: so a society that fully protects human rights is not ipso facto just.
  3. A conception of human rights is part of an ideal of global public reason: a shared basis for political argument that expresses a common reason that adherents of conXicting religious, philosophical, and ethical traditions can reasonably be expected to share.
  4. That conception includes an account of membership, and human rights are entitlements that serve to ensure the bases of membership.
  5. The democracy that justice requires is associated with a demanding conception of equality, more demanding than the idea of membership associated with human rights.

An underlying thought that runs through the argument is that democracy is a demanding political ideal. The thesis that there is a human right to democracy—while it may seem to elevate democracy—threatens to strip away its demanding substance.

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Oxford University Press in "The Egalitarian Conscience: Essays in Honour of G. A. Cohen"
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Joshua Cohen
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9780199281688
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Daniel C. Sneider
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Iran has climbed to No. 1 on the Washington crisis hit parade. The question of how to stop Iran's nuclear program has unleashed a torrent of punditry. Advocates of diplomacy and a military strike spar on television and in op-ed pages.

Iran's nuclear ambitions deserve our attention. But even by the most alarmist estimates, Iran is years away from being able to build a nuclear warhead.

Meanwhile, over in Northeast Asia, North Korea now has enough fissile material for five to seven weapons and is quietly churning out enough plutonium to build at least one warhead a year, according to rough intelligence estimates. More ominously, work is moving ahead on a new reactor that could potentially produce enough separated plutonium for up to 10 weapons a year.

Somehow this danger prompts no sense of urgency in Washington. After a promising breakthrough last September, the six-party talks to halt the program have lapsed into a stalemate that is close to total collapse.

The Bush administration seems unconcerned. Diplomacy has ground to a halt. The North Koreans refuse to return to the six-party talks. The White House has barred its chief negotiator from talking directly with them, despite Pyongyang's desire to meet and the urging of our six-party partners.

Administration officials have recently floated a report that they are considering a new initiative to negotiate a peace treaty with North Korea. This is a smoke-screen to conceal an empty North Korea policy. According to administration officials, the peace treaty idea has been kicking around for months without going anywhere. South Korean officials tell me that they have been waiting, so far in vain, for any serious detailed discussion of this proposal.

It is the president himself who opposes direct negotiations with Pyongyang, over anything, including a peace treaty. He sees direct talks with North Korea or Iran as an act of weakness. "Somehow,'' he said last month, "the world ends up turning the tables on us.''

In reality, the administration is content to pursue a strategy of going after North Korean counterfeit currency and production of amphetamines and cigarettes, hoping to cut off the flow of funds from these activities. According to administration officials, Under Secretary of State Robert Joseph, the driving force behind this policy, gleefully talks about ``turning out the lights'' in Pyongyang.

Administration officials claim they are drying up slush funds that North Korean dictator Kim Jong Il uses to buy the loyalty of his subordinates. Some even suggest this could trigger a coup against Kim, with the Chinese pulling the strings.

But American intelligence experts who monitor North Korea closely see little evidence to support the conclusion that North Korea is being brought to its knees. Even if the measures are drawing blood, it is self-delusional to believe that this will bring down a regime that has already proven it is willing to starve its own population to stay in power.

The administration seems intent as well on pressing China and South Korea to curb their trade and investment with the North. The administration's special envoy on human rights in North Korea, Jay Lefkowitz, seems to spend most of his time attacking the South for setting up an industrial park in Kaesong in the North. He portrays it as exploiting slave labor. The South Koreans defend it as a vehicle to bring capitalism into the communist North.

The Bush administration's combination of attempted coercion and diplomatic freeze has only two visible effects so far.

First, it lends credence to North Korean claims that the United States, contrary to the joint statement issued last September, is still intent on overthrowing their regime.

Second, it undermines gains made by allowing chief envoy Christopher Hill to hold direct talks with his North Korean counterparts. That demonstrated a flexibility and confidence that disarmed critics, particularly in South Korea, and isolated the North. It strengthened coordination with China and South Korea, the two players with the most leverage over the North.

Now officials in both those capitals again question American readiness to seriously negotiate. Beijing and Seoul are even more convinced that pushing market reforms is the only route to bring the North to give up its nuclear option. Next month former South Korean President Kim Dae Jung will revisit his historic summit with the North Korean leader in 2000.

This growing gap with our allies and partners is deadly. Even if we wanted to opt for coercion, the United States can't do so alone. For that reason, it is urgent that the United States regains the diplomatic upper hand.

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Professor Li Shian is a Professor of History and Director of American and European Studies at Beijing's Renmin University. He is the Chief Editor of the journal World History and is a Council Member of the China Society for Human Rights Studies, which he has represented at several international human rights conferences. A former Chairman of the History Department at Renmin University, Dr. Li was awarded his doctorate at the University of Birmingham in 1989, and did post-graduate work at Stanford University from July 1990 to October 1992. He is the author of several books, including A Study of American Human Rights History and A History of the Development of Western Capitalism.

Professor Li will deliver remarks on the role human rights plays in US-China relations, from a Chinese perspective. He will begin with an exposition of human rights in traditional and post-1949 China, and drawing on this, review US-China exchanges on human rights post-June 4, 1989. He will discuss different approaches for addressing what Chinese and Americans both recognize as a central if contentious issue in their relations: respect for international laws as they protect both individual and collective freedoms.

Philippines Conference Room

Li Shian Professor of History and Director of American and European Studies Speaker Beijing's Renmin University
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Ambassador Ton-Nu-Thi Ninh is a member of Viet Nam's law-making body, the National Assembly, representing the southern coastal province of Ba Ria Vung Tau. In her position as Vice-Chair of the National Assembly Foreign Affairs Committee, her mission has been to develop and enhance Viet Nam's relations with the countries of North America (particularly, the United States) and Western Europe. She travels frequently to the United States and Europe and regularly interacts with senior government and business leaders both abroad and in Viet Nam. She has also represented Viet Nam in international conferences among world leaders to discuss issues with global implications. She is widely recognized as an effective spokesperson for Viet Nam.

Prior to holding her current position, Mme Ninh served, for over two decades, as a diplomat in Viet Nam's Ministry of Foreign Affairs, specializing in multilateral institutions (the United Nations, the Non-Aligned Movement, Francophonie, The Association of South East Asian Nations) and global issues (international peace and security, development, environment, governance, human rights, etc.) As advisor to Viet Nam's Minister of Foreign Affairs, she was responsible for key international efforts on behalf of Viet Nam, such as the holding of the Summit of French-Speaking Countries in 1997 in Ha Noi. From 2000 to 2003, she was Viet Nam's Ambassador to Belgium, Luxembourg and Head of the Mission to the European Union in Brussels.

Mme Ninh grew up in France, was educated at Sorbonne University and Cambridge University and started her career as an academic. She taught English and English literature at Paris University in the late 1960s and later at Saigon University until 1975.

Born in Hue, Central Viet Nam, into a traditional family, she developed her political commitment to the National Liberation Front for South Viet Nam early on during her student days in Paris. Since then, she has been consistently active in social issues, with a special interest on gender. She served a term on the Central Executive on the Viet Nam Women's Union.

Bechtel Conference Center

Ton-Nu-Thi Ninh Vice-Chair of the National Assembly Foreign Affairs Committee for the Socialist Republic of Vietnam Speaker
Lectures
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Zachary D. Kaufman is a CDDRL pre-doctoral fellow in the academic year 2005-2006. Mr. Kaufman is completing his DPhil (PhD) in International Relations at the University of Oxford, where he is a Marshall Scholar and he is writing a dissertation on U.S. policy on the establishment of war crimes tribunals. Afterwards, he will attend Yale Law School. Mr. Kaufman is also currently co-editing (with Dr. Phil Clark) a forthcoming book on transitional justice, post-conflict reconstruction, and reconciliation in Rwanda since the 1994 genocide.

Mr. Kaufman's professional experience has focused on the investigation, apprehension, and prosecution of suspected perpetrators of atrocities, including genocide, war crimes, crimes against humanity, and terrorism. He has served at the United States Departments of State and Justice, the United Nations International Criminal Tribunals for Rwanda and the former Yugoslavia, and the International Criminal Court.

Mr. Kaufman is also the founder, president, and Chairman of the Board of Directors of the American Friends of the Kigali Public Library; co-founder and Executive Director of Marshall Scholars for the Kigali Public Library; and honorary member of the Rotary Club of Kigali-Virunga, Rwanda. Together, these three non-profit organizations are fundraising and collecting books for, raising public awareness about, and building Rwanda's first public library, the Kigali Public Library. Mr. Kaufman is also a Board Member and Senior Fellow of Humanity in Action, which, in order to engage student leaders in the study and work of human rights, sponsors an integrated set of education programs and internships for university students in Europe and the United States.

In 2004, Mr. Kaufman received his M.Phil (Master's) degree in International Relations from the University of Oxford. In 2000, Mr. Kaufman received his B.A. (Bachelor's) degree in Political Science from Yale University.

Mr. Kaufman's talk will discuss U.S. participation in establishing a UN-backed international war crimes tribunal for addressing the 1994 Rwandan genocide. The origin of the ICTR is complicated and controversial because of the number, attractiveness, and precedence of alternative mechanisms, as well as the pitfalls of establishing such a tribunal. Given the extent, recency, and persistence of atrocities, Mr. Kaufman's research is crucially relevant to academic and policy discussions in the post-9/11 world.

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Zachary_Kaufman.jpg MA

Zachary Kaufman is currently a Juris Doctorate (JD) candidate at Yale Law School, where he is Managing Editor of the Yale Human Rights & Development Law Journal, Articles Editor of the Yale Journal of International Law, Policy Editor of the Yale Law & Policy Review, and co-founder and co-president of Yale Law Social Entrepreneurs. At the same time, Mr. Kaufman is completing his D.Phil (PhD) degree in International Relations at the University of Oxford, where he was a Marshall Scholar from 2002-05.He was a CDDRL Pre-Doctoral Fellow (2005-2006).

Kaufman's dissertation is an analysis of the U.S. government policy objectives in supporting the establishment of four war crimes tribunals: the International Military Tribunal (the Nuremberg Tribunal), the International Military Tribunal for the Far East (the Tokyo Tribunal), the United Nations International Criminal Tribunal for the former Yugoslavia, and the United Nations International Criminal Tribunal for Rwanda.

Kaufman's professional experience has focused on the investigation, apprehension, and prosecution of suspected perpetrators of atrocities, including genocide, war crimes, crimes against humanity, and terrorism. He has served at the U.S. Department of State, the U.S. Department of Justice, the UN International Criminal Tribunal for the former Yugoslavia, and the UN International Criminal Tribunal for Rwanda. Kaufman also was the first American to serve at the International Criminal Court, where he was policy clerk to the first Chief Prosecutor.

Kaufman is the founder, president, and chairman of the Board of Directors of the American Friends of the Kigali Public Library; co-founder and Executive Director of Marshall Scholars for the Kigali Public Library; and an Honorary Member of the Rotary Club of Kigali-Virunga, Rwanda. Together, these three non-profit organizations are fundraising and collecting books for, raising public awareness about, and building Rwanda's first public library, the Kigali Public Library. Kaufman is also a Board Member and Senior Fellow of Humanity in Action, which, in order to engage student leaders in the study and work of human rights, sponsors an integrated set of education programs and internships for university students in Europe and the United States.

In 2004, Kaufman received his M.Phil (Master's) degree in International Relations from the University of Oxford. In 2000, Kaufman received his B.A. (Bachelor's) degree with honors in Political Science from Yale University.

Zachary Kaufman Pre-Doctoral Fellow Speaker CDDRL
Seminars
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How have intersecting legacies of colonialism and militarization combined with recent forces of globalization to produce new kinds of social identities and movements for political change? How do activists in these social movements contest hegemonic national identities in favor of a multicultural Japan or a global human rights discourse? How do legacies of Japanese colonialism animate current systems of globalization?

The first round table, entitled "Identity Politics and its Social Movements" will bring together a group of scholars examining current identity politics of "ethnic minorities" such as Ainu, Burakumin, Okinawans, and Zainichi (resident Koreans), many of whom are affected by the legacies of colonialism.

The second round table, "Gender, Colonialism, and Militarism in Japan and Okinawa" will focus on groups affected by continuing militarism and globalization such as sex workers, children born of military personnel and those organizing against military occupation and its attendant gendered violence. The invited speakers for this round table are the Okinawan writer, journalist and anti-military activist--Chinin Ushii, Margo Okazawa-Rey, co-founder of the US-East Asian-Puerto Rico Women's Net Work Against US Militarism, and Ueno Chizuko, the renown and highly influential feminist scholar. Japanese Studies Postdoctoral Fellows Michele Mason and Setsu Shigematsu will participate and act as facilitators for this round table.

Symposium Schedule:

9:00 am ~ Opening Comments by Workshop Organizers

9:30 - 11:00 ~ Roundtable One:

Global Human Rights, Identity Politics and Social Movements

Aiuchi, Toshikazu (Otaru University of Commerce)

Befu, Harumi (Stanford University)

Davis, John (Michigan State University)

Mushanokoji, Kinhide (Osaka University of Economics and Law)

Tsutsui, Kiyoteru (facilitator)(Stanford University/Stony Brook University)

15 minute Break

12:30~ Open discussion with all workshop participants facilitated by Kiyo Tsutsui

12:30 - 2:00 ~ Lunch break (buffet lunch)

2:00 - 3:30 ~ Roundtable Two:

Gender, Colonialism and Militarism in Okinawa and Japan

Chinin, Ushii (Okinawan public intellectual, writer and journalist)

Miho Kim (to be confirmed)

Okazawa-Rey, Margo (Professor Emerita, San Francisco State University and

co-founder East Asia-US-Puerto Rico - Women's Network Against Militarism)

Ueno, Chizuko (Tokyo University)

Mason, Michele (Facilitator)(Stanford University)

Shigematsu, Setsu (Facilitator)(Stanford University)

15 minute Break

3:45 - 5:00 ~ Open discussion with all workshop participants facilitated by Michele Mason and Setsu Shigematsu

5:00 pm ~ Closing Comments by workshop organizers

Co-Sponsored by the Stanford Society of Fellows in Japanese Studies and the Center

for East Asian Studies

CISAC Conference Room

Symposiums
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The working title of his PHD project is Democracy besides Elections: An Exploration into the Development and Causes of Respect for Civil Liberties in Latin American and Post-Communist Countries. The dissertation addresses the extent of civil liberty (freedom of: opinion and expression, assembly and association, religion, movement and residence as well as independent courts) in 20 Latin American and 28 post-communist countries. Apart from tracking the development of respect for civil liberties from the late 1970's till 2003, it also attempts to explain the present level of respect by examining different structural explanations, such as historical experience with liberty, ethno-religious composition, modernization and natural resources (primarily oil).

Skaaning has constructed his own dataset and index on civil liberties based on coding of the State Department's Country Reports on Human Rights Practices from 1977 to 2003, which he uses in his descriptive analysis of the development and as the dependent variable in the subsequent causal assessment. In this stage of the research, he both undertakes intraregional analyses, utilizing the fuzzy-set method and OLS-regression, and interregional comparisons.

Skaaning received his B.A. (2000) and M.A. (2003) in Political Science from the University of Aarhus, Denmark, where he is also a PHD scholar in the final year. Parts of his MA degree were completed at Ruprecht-Karls-Universität (Heidelberg) and Freie Universität (Berlin).

Encina Basement Conference Room

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(650) 724-2489
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Pre-doctoral Fellow 2005 - 2006

The working title of his PHD project is Democracy besides Elections: An Exploration into the Development and Causes of Respect for Civil Liberties in Latin American and Post-Communist Countries. The dissertation addresses the extent of civil liberty (freedom of: opinion and expression, assembly and association, religion, movement and residence as well as independent courts) in 20 Latin American and 28 post-communist countries. Apart from tracking the development of respect for civil liberties from the late 1970's till 2003, it also attempts to explain the present level of respect by examining different structural explanations, such as historical experience with liberty, ethno-religious composition, modernization and natural resources (primarily oil).

Skaaning has constructed his own dataset and index on civil liberties based on coding of the State Department's Country Reports on Human Rights Practices from 1977 to 2003, which he uses in his descriptive analysis of the development and as the dependent variable in the subsequent causal assessment. In this stage of the research, he both undertakes intraregional analyses, utilizing the fuzzy-set method and OLS-regression, and

interregional comparisons.

Skaaning received his B.A. (2000) and M.A. (2003) in Political Science from the University of Aarhus, Denmark, where he is also a PHD scholar in the final year. Parts of his MA degree were completed at Ruprecht-Karls-Universität (Heidelberg) and Freie Universität (Berlin).

Svend-Erik Skaaning Speaker CDDRL/Univ of Aarhus, Denmark
Seminars
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