Abstract:

It has been said that constitutional court judges around the world increasingly participate in a "global judicial dialogue" that causes judges to make increased use of foreign law.  This is a dialogue, however, from which the members of the Taiwanese Constitutional Court are largely excluded.  Taiwan’s precarious diplomatic situation and intense lobbying by China have effectively prevented the members of Taiwan's Constitutional Court from participating in international judicial gatherings and official visits to foreign courts. Nevertheless, the Taiwanese Constitutional Court routinely engages in extensive consideration of foreign law, either expressly or implicitly, when deciding cases.  This fact casts doubt on the notion that "global judicial dialogue" explains judicial use of foreign law.  Comparison of the Taiwanese Constitutional Court and U.S. Supreme Court demonstrates that “global judicial dialogue” plays a much smaller role in shaping a court’s utilization of foreign law than institutional factors such as (a) the rules and practices governing the composition and staffing of the court and (b) the extent to which the structure of legal education and the legal profession incentivizes judges and academics to possess expertise in foreign law.

Speaker Bio:

David Law is Professor of Law and Professor of Political Science at Washington University in St. Louis and Visiting Professor at Georgetown University Law Center. He works in the areas of law and political science, public law, judicial behavior, comparative constitutional law, and comparative judicial politics. Born and raised in Canada, he holds a Ph.D. in political science from Stanford, a B.C.L. in European and Comparative Law from the University of Oxford, and a J.D. from Harvard Law School. He has previously taught at the University of San Diego School of Law and the University of California, San Diego political science department and has been a visiting professor at the National Taiwan University College of Law, Seoul National University School of Law, and Keio University Faculty of Law in Tokyo, and a visiting scholar at the NYU School of Law. His current research focuses on the identification, explanation, and prediction of global patterns in constitutional law, and his recent scholarship on constitutional globalization and the declining influence of the U.S. Constitution has been featured in a variety of domestic and international media.

Emeritus History professor Barton J. Bernstein will present a lecture on the U.S. decision to use the atomic bomb on Japan in August 1945. The hour-long lecture will be followed by a Q&A session. 

Professor Bernstein's lecture is planned as a response-- partly in agreement and partly in disagreement-- to the noted filmmaker Oliver Stone's documentary, "The Bomb."

There are three major components of Cyber security from China’s perspective: Internet information management, Civilian cyber security, and Cyber warfare.

The Chinese government worries that misinformation, dissent opinions and dissemination of rumors could cause social instability, and thus overthrow the regime. As a result, the government has taken many approaches to manage the information in cyberspace. Can the Chinese government fully control the information flow? If not, why?

China has 500 million netizens, more than any other country in the world. How do the government and companies deal with privacy and cyber crime?

Cyber attack from China is widely reported in US media. How do Chinese view US cyber warfare capability? Can "Pearl Harbor" happen in cyberspace?

A better understanding of these questions could be helpful for shaping US cyber policies on China.

Ting Wang is a postdoctoral fellow at CISAC. His research concerns on space debris problems, ASAT weapons, and cybersecurity in China. Before coming to CISAC in 2011, he was a postdoctoral fellow at the Judith Reppy Institute for Peace and Conflict Studies at Cornell University. He received a PhD at the Beihang University in China. His PhD dissertation was titled "Orbital Debris Evolution and Threat to Spacecraft." He also holds a B.A. in aerospace engineering from Beihang University and has worked at the Shanghai Institute of Satellite Engineering. He was a visiting scholar at the Union of Concerned Scientists in 2003, where he began to be interested in security issues.

The United Nations is the largest single organization providing humanitarian and development assistance to North Korea (DPRK). This assistance has varied over time in nature, quantity and in its always challenging challenging operating conditions. The international community has often questioned whether the United Nations could guarantee that the aid was not being diverted or would not shore up the regime. Assistance has also occasionally been conditioned on progress in denuclearization talks. The speaker, Jérome Sauvage, recently completed an assignment of over three years as the Resident Coordinator of the United Nations in North Korea. He traveled extensively throughout the country and spoke internationally about the humanitarian situation in the country. He will discuss the UN’s engagement with the government and assistance to the people of North Korea.

As the UN Resident Coordinator & UN Development Programme (UNDP) Representative in the DPRK from November 2009 to January 2013, Mr. Sauvage's responsibilities included developing and managing UNDP’s program and operations, and ensuring that all projects met UNDP's mandate as well as all monitoring and evaluation requirements. He led the UN in responding to natural emergencies, negotiated with the government on operating conditions and led fundraising efforts. Under his leadership, the UN Team rolled-out the Overview Funding Document 2012 detailing the humanitarian situation in North Korea.

Previously, Sauvage was Country Director in Pakistan and Deputy Country Director for Operations in India. His other assignments with UNDP took him and his family to Asia and Africa.

Sauvage received an Administrative Law degree from Paris-Sorbonne University and an MA in International Relations from the School of Advanced International Studies (SAIS), Johns Hopkins University.