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CISAC Co-director Siegfried Hecker has called on colleagues and friends to congratulate his co-director, Mariano-Florentino Cuéllar on being named to an endowed professorship at Stanford Law School. Cuéllar is now the Stanley Morrison Professor of Law, named for the late Stanford constitutional law professor. Hecker issued the following statement:

"A member of the Stanford faculty since 2001, Tino became my co-director at CISAC in September 2011. He is also a faculty affiliate of CDDRL and a senior fellow at FSI. The endowed professorship is a tribute to his extensive work in both the law and international security and cooperation. Tino has done much to take CISAC forward as a center that focuses not only on nuclear nonproliferation, arms control and counterterrorism, but one that also tackles cyber and biosecurity, as well as migration and transnational flows.

"His teaching and research focus on administrative law, executive power and how organizations implement critical regulatory, public safety, migration and international security responsibilities in a changing world.

"Tino has a new book coming out next month: “Governing Security: The Hidden Origins of American Security Agencies” (Stanford University Press). The book explores the history and impact of the Roosevelt-era Federal Security Agency (today the Department of Health and Human Services) and the Department of Homeland Security established after the 9/11 terrorist attacks.

"Tino has served in the Obama and Clinton administrations, most recently as Special Assistant to the President for Justice and Regulatory Policy in 2009-2010. In July 2010, President Obama appointed Tino to the Council of the Administrative Conference of the United States, an independent agency charged with recommending improvements to federal regulatory programs.

"The Stanley Morrison professorship was established in 1996 by Joan and Henry Wheeler to honor Morrison, who was a beloved professor at Stanford Law School for three decades, specializing in criminal, constitutional, tax and international law."

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Using Legal Frameworks to Foster Social Change: A Panel Discussion with the Fall 2012 Social Entrepreneurs in Residence at Stanford

November 14, 2012 12:45pm - 2:00pm

Room 280A

The Levin Center for Public Service and Public Interest Law and the Center on the Legal Profession invite you to a panel discussion with the three Fall 2012 Social Entrepreneurs in Residence at Stanford (SEERS), fellows who are visiting Stanford as part of the Program on Social Entrepreneurship at the Center on Democracy, Development, and the Rule of Law (CDDRL).

Mazibuko Jara, chair of South Africa's National Coalition for Lesbian and Gay Equality (NGCLE), as well as the founder and first chairperson of the Treatment Action Campaign (TAC), which combines social mobilization and targeted litigation to protect the rights those living with HIV; Emily Arnold-Fernandez, founder of Asylum Access, an international organization dedicated to securing refugees' rights by integrating individualized legal assistance, community legal empowerment, policy advocacy, and strategic litigation; and Zainah Anwar, one of the founding members of Sisters in Islam (SIS), an NGO that works on women's rights in Islam based in Malaysia, will discuss their career paths and their experiences in using legal frameworks to effect social change.

Link for RSVP: http://www.stanford.edu/dept/law/forms/SEER.fb

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Mazibuko Jara Entrepreneurs in Residence at Stanford Panelist
Emily Arnold-Fernandez Entrepreneurs in Residence at Stanford Panelist
Zainah Anwar Entrepreneurs in Residence at Stanford Panelist
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Myanmar has made tremendous strides in its political and economic reform efforts since Thein Sein assumed the presidency in March 2011. But how stable is the country today, and how much has democracy taken root?

Donald K. Emmerson, director of the Southeast Asia Forum, recently discussed Myanmar’s path to democracy within the context of the country’s history, the current unrest in Rakhine State, and looking ahead to 2014 when Myanmar chairs the Association of Southeast Asian Nations and prepares for its next presidential election.

How committed is Myanmar’s current leadership to democratization?

We should understand that rather than a transformation to a true liberal democracy we are seeing political and economic reform, and also that there is a lot going on below the surface of the government that we cannot see.

President Thein Sein does appear genuinely committed to reform. During a meeting in August 2011, he and Aung San Suu Kyi worked out the plan in which she would run for election. That plan was critical for the reforms that have happened since, even if Aung San Suu Kyi and the National League for Democracy have no real legislative power.

At the end of the day, Myanmar’s critical institution is still the Tatmadaw, the military. The constitution grants the military a quarter of the seats in parliament and the right to nominate the most important of the country’s two vice presidents. In July, when the first vice president, long known as a hard-liner, stepped down due to “health reasons,” the president replaced him with an ostensibly more moderate vice admiral. In making this transfer, Thein Sein may have wanted to ensure a smooth continuation of the reforms.

Although public figures in Myanmar are politically diverse, nearly everyone now claims to be a “reformer" (considered good) as opposed to a “spoiler." This even applies to individuals from more conservative military backgrounds who may have taken part in past repression. If the country’s stability comes under serious threat, such men could revert to harder-line views.

Ultimately, apart from the balance of forces between reformers and spoilers inside the military, national stability is and will remain a key requisite to further liberalization and the consolidation of democracy.

How stable is Myanmar at present?

It depends on where you are. If you are in Naypyidaw, the capital, or in Yangon, caught up in the influx of investors, fortune-seekers, and diplomats, things probably look pretty good—opportunistic and venal, but dynamic and potentially beneficial. However, if you are in the restive north or in clash-ridden Rakhine State, which borders Bangladesh, then things probably look really bad.

Myanmar's many ethnic minorities tend to live on the periphery of the country. These border areas have been marked by endemic unrest and violence for a very long time. The latest flare-up in Rakhine is particularly unfortunate because it implicates a group that is identified both by ethnicity and by religion: the Rohingya. They are Muslims, and they have long been subject to discrimination at the hands of the Burman-Buddhist majority. According to some estimates, as many as 200,000 Rohingya have fled across the border to escape the latest violence. The government in majority-Muslim Bangladesh, unwilling to alienate Nyapyidaw by appearing to harbor the refugees, has begun to push some of them back into Myanmar.

Assuming that Bangladesh does not champion the Rohingyas’ cause, the violence in Rakhine State is unlikely to disrupt Myanmar’s stability on a national scale. But it will reinforce the “need” of spoilers in the Tatmadaw to enlarge the military’s presence and its budget to prevent the clashes from getting further out of hand. And that could strengthen the nationalist legitimacy of the military and its rationale for retaining a political role.

How could reform change Myanmar, and what are some potential challenges to that process?

The urgent priority for Thein Sein is performance. It is vital that he be able to point to the positive results of reform. In aid, investment, and trade, Western countries, China, India, and other outside powers can facilitate meaningful economic growth, or be seen as abetting cronyism and corruption. If the reforms foster a high-performing economy in which incomes start to go up and a middle class begins to form, one can be more optimistic about the future. But if official repression of the Rohyingya intensifies, if other ethnic-minority grievances are reignited, if fighting spreads, and the Tatmadaw regains its former clout, disillusioned Westerners will be less willing to work with a regime they no longer trust.

As we move toward 2015, the stakes for reform are rising. Myanmar is scheduled to hold elections in that year. Thein Sein will be 75 years old, and so will Aung San Suu Kyi. He has said that he will not run, although he could change his mind. She is constitutionally barred from running, and her party is not currently strong enough to push through an amendment. What if neither one is available to run? Who will continue the process of reform, if it is still under way?

If 2015 bears watching, so does 2014. For the length the latter year, Myanmar will chair the Association of Southeast Asian Nations (ASEAN). The authorities in Naypyidaw will host all of ASEAN's major meetings in 2014. Some of these gatherings will involve the United States and other countries at ministerial and head-of-state levels. In 2015 ASEAN will inaugurate a first-ever, Southeast Asia-wide ASEAN Community encompassing economic, political-security, and socio-cultural cooperation. In 2014 Myanmar will oversee the Community’s final preparation. If in the meantime an intra-military coup occurs and the winner cracks down, the leaders of democratic countries will think twice before agreeing to lend legitimacy to such a regime by attending its events.

Despite these uncertainties, there is a real chance that reforms will take root. Myanmar is not likely to become a fully stable and liberal democracy, at least not soon, but it could, with skill, help, and luck, become a “good enough” democracy of sorts.

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Aung San Suu Kyi, chairperson of Myanmar's National League for Democracy, speaks at the World Economic Forum in June 2011. Myanmar has made tremendous strides in its political and economic reform efforts since last year.
World Economic Forum/ Sikarin Thanachaiary
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As the U.S. presidential election swiftly approaches, many wonder what policy approach the next president - be it Barack Obama or Mitt Romney - will take with regard to China. Thomas Fingar, FSI’s Oksenberg-Rohlen Distinguished Fellow, considers how the outcome of the election could impact U.S.-China relations, and how the United States could focus its priorities in Asia.

Q. How does China see a Mitt Romney presidency?

Fingar: Conventional wisdom about China has long held that Beijing prefers Republicans to Democrats, primarily because Republicans are thought to be more interested in trade and less concerned about human rights. I'm not sure that particular characterization of Beijing's views was ever correct, but to the extent that it was, it is of decreasing importance and almost entirely absent now. The Chinese have been anxious about Governor Romney’s positions on China during the campaign, seeing his statements as excessive or unjustifiably critical and indicative of a determination to contain or constrain China's economic rise.

Beijing has expressed concern that Romney intends to act in ways that threaten China's continued rapid economic growth and undermine the communist-led regime. Such concerns were likely alleviated during the final debate when Romney said he views China as a potential partner, not an adversary. However, the Chinese will likely assume that Romney's call for more defense spending is aimed at containing China, since the United States’ only other declared security threat is Iran.

 

Q. Romney says he would label China a currency manipulator on “day one” of his presidency. Do presidents have the power to do such a thing? Could this trigger a trade war?

Fingar: Presidents can certainly announce rhetorical positions, but it is highly unlikely that such a declaration would lead to actions that could trigger a trade war. It could launch a political and bureaucratic process in which advocates with competing objectives and strategies would seek to fashion policy adjustments in order to achieve them. It would not, however, lead automatically to actions that would damage a relationship in which Americans, as well as the Chinese, have an enormously important stake.

 

Q. What positive or problematic developments could impact U.S.-China relations if Obama wins a second term?

Fingar: I anticipate many issues and problems, but no crises. The foundation for the relationship – interdependence and mutual benefit – is strong and growing stronger. That said, what happens in China will be important to the United States and command presidential attention. If China's economy continues to slow, it will slow recovery of the U.S. economy, both directly and by reducing Chinese purchases and sales to and from third countries that use earnings from sales to China to purchase goods and services from the United States. Continued deferral of resolving territorial disputes in the Sea of Japan and South China Sea will exacerbate perceptions that the United States should serve as a counterbalance to China, complicating U.S.-China relations. Another issue sure to be on the table is Chinese failure to honor World Trade Organization and intellectual property rights commitments.

 

Q. Obama’s rhetoric on China has become increasingly aggressive. Do you anticipate a tougher stand toward China if he is re-elected?

Fingar: Nothing that President Obama has said during the campaign suggests to me that he would make significant changes to U.S. policy toward China if he were re-elected. It would be a mistake to read too much into the number of times China is mentioned relative to other countries, as “China” is often used as a proxy for all foreign economic competition and the effects of globalization. Beijing should not take this personally; this is part of the price of becoming the world’s second-largest economy and having the biggest trade deficit with the United States. Far more important than such rhetoric are Obama’s and Romney’s references to seeking a partnership with China and the need for China to “play by the rules” with respect to WTO commitments, intellectual property rights and the treatment of foreign firms operating in China. I am confident Obama has no desire to make China into an enemy and no intention to contain or constrain China’s “rise.”

 

Q. Some doubt the Pentagon has the resources to deter Iran while pivoting to Asia. Which is more urgent for the new administration?

Fingar: The United States continues to have enormous military capabilities. Moreover, it counts as allies and partners most other major nations and military powers. Iran knows that, but threats to use military force are not likely to persuade Tehran to abandon the potential to acquire nuclear weapons. Indeed, such threats would likely bolster the arguments of people who claim Iran needs nuclear weapons to deter stronger and hostile adversaries.  Diplomacy, backed by international sanctions, and enlightened Iranian self-interest offer a far better path to deterring Iran from acquiring nuclear weapons.

 

Q. Do you expect the so-called Asia pivot to continue under the foreign policy team of the incoming president?

Fingar: East Asia is the most dynamic region in the world and the United States has many important interests and ties there. We are a Pacific power and a Pacific player and must remain heavily engaged in the region. The “pivot” toward Asia is a misnomer because it implies that we left and are now returning. We never left and never will. The “rebalancing” toward Asia is intended to reduce uncertainty about American intentions and to help prolong the period of peace and stability that has been critical to the achievement of prosperity and interdependence in the region. I hope the new administration, whoever wins, will redouble efforts to build a new, inclusive security arrangement for the region.

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U.S. President Obama and Republican presidential nominee Mitt Romney take the stage prior to the first presidential debate in Denver, October 2012.
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The talk , based on a recent paper, will describe and examine the social understanding of selling sex for a visa among migrant Filipina hostesses in Tokyo. The paper examines the different constitutions of love in Japan and the Philippines to understand the making of love in the marriages of Filipina hostesses and their Japanese customers. The paper will attempt to argue why the act of selling sex for a visa does not necessarily reduce marriage to prostitution while at the same time questioning the assumption that marriage is ever free of rational motivation.

Rhacel Salazar Parreñas is Professor and Chair of the Sociology Department at the University of Southern California. Her research interests include the sociology of gender and labor, the family, and globalization. Her latest book Illicit Flirtations: Labor, Migration and Sex Trafficking in Tokyo received the 2012 Distinguished Book Award in the Labor and Labor Movements Section of the American Sociological Association.

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Rhacel Salazar Parreñas Professor and Chair of the Sociology Department Speaker University of Southern California
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Hallmarks during the first year of young North Korean leader Kim Jong Un’s reign range from a much-publicized failed rocket launch to the appearance (and then disappearance) of an attractive, stylish wife by his side. Such events have prompted questions about the new leader’s intentions for the future, including the possibility of reform.

But there is another side to the Democratic Republic of Korea (DPRK) that often goes overlooked: its 20 million ordinary citizens. Only Beautiful, Please, a new book by former British diplomat John Everard, delves into the daily life of North Koreans and examines the challenges of developing successful diplomatic relations with the country.

Everard was Britain’s ambassador to North Korea between 2006 and 2008 and is a former Pantech Fellow of the Walter H. Shorenstein Asia-Pacific Research Center at Stanford’s Freeman Spogli Institute of International Studies. He presented highlights from his book, and offered his insight into current North Korea events during a seminar at Stanford on Oct. 26.

In a recent interview, Everard discussed his book, the prospect of reform in North Korea, and important considerations for engagement with the isolated country.

What is the significance of the book’s title?

A friend visiting me from the U.K. was pursued by a group of North Koreans who were convinced he had photographed things that did not show the DPRK in the best light. An army officer was eventually summoned, and after examining the pictures he concluded there was nothing offensive in them. As he returned my friend’s camera, he turned to me and said in his best English: “Only beautiful, please.” He meant that he wanted us to only photograph beautiful things in the DPRK.

I took this for the title because it says quite a lot about how the DPRK likes to hide the negative aspects of life there, and to portray itself as a country where only good things take place.

What do you most hope readers will take away from your book?

I hope readers will come away with the understanding that the DPRK is a real country, where real people live. North Korea is different from other countries in many important ways, but its citizens are much more preoccupied with everyday things like marriage, how their kids are getting on at school, and what they are having for supper, than they are about politics and denuclearization. It is a country with over 20 million people, and I hope their lives and happiness are not overlooked as the international community engages with the DPRK to seek long-term solutions to the difficult problems it poses.

What are the most important needs of North Korea’s citizens?

North Koreans are people like the rest of us, and they have the same physical and emotional needs. They need enough to eat, which is a need not always met. They also need to have normal social interactions. Friendships are very important in the DPRK, even if they are somewhat different than friendships in more open societies. North Koreans also have their self-respect and pride. They are a proud people, and as information about the outside world leaks into the DPRK and they learn how poor and backward their country is they feel quite disoriented. They will need to hold onto their self-respect through what is likely to be a very difficult period in the coming years.

There has been significant speculation in recent months about the possibility of reform in North Korea. Have we seen any tangible signs of plans for reform?

There have been indications that Kim Jong Un had been planning some limited economic reforms, including allowing farmers to retain a certain percentage of their produce after giving part of it to the state. But the most recent report suggests that this plan has stalled after the government realized there would be a poor harvest this year. They have decided it is more important to feed the military than it is to implement economic reforms at this point in time.

Another type of reform is the possibility of greater cultural opening. Mickey Mouse appeared in front of the DPRK leadership at a concert a few weeks ago, for example, and there is also the appearance of Ri Sol Ju, Kim Jong Un’s wife. She is a very presentable young woman, and dresses smartly, (and without wearing the traditional Kim badge). But there have been no further appearances of Mickey Mouse, and Ri Sol Ju has not appeared in public for several weeks. I suspect that these reforms, too, have been put on hold.

These are two quite different types of reform that do not depend on each other, and it is not clear if either of them is going to move forward.

In terms of easing diplomatic relations with North Korea, do you think that reform would pave the way or are there other issues to keep in mind?

If reform does indeed take place – I have my doubts – it might not be the kind of reform that would help improve relations with the DPRK. Economic reform does not necessarily translate into a greater readiness for meaningful dialogue with the international community. 

A crucial point is that there are certain aspects of the DPRK regime that are extremely difficult to change. I argue in my book that the DPRK cannot conduct any kind of meaningful economic reform along the lines China did because to do so would erode the regime’s economic power over its citizens. The regime views this power as intrinsic to its survival. It also cannot allow greater openness because that would allow in new ideas to which the regime has no answer. It will be politically very difficult, and even dangerous, for the regime to encourage the greater openness we have seen in other reforming economies.

The DPRK regime is likely to continue broadly along the lines we have seen for many decades now. Although many people were hoping that Kim Jong Un would bring reforms, and perhaps even better relations with the West, as time passes it seems less likely that these hopes can be realized.

What should the international community keep in mind in its relations with North Korea?

The DPRK has made it abundantly clear it has no intention whatsoever of surrendering its nuclear weapons. It has been hardened in its belief by its analysis of what has happened in the Arab world. Negotiations and talks towards persuading the DPRK to surrender its weapons are doomed to failure. They are not going to do so, and any engagement with the DPRK has to take that as a starting point.

There is a tendency in the United States to see North Korea's foreign relations simply in terms of the U.S.-DPRK relationship (or lack of it). The DPRK’s relations with the United States are indeed very important, but you also have to see the world through the DPRK’s eyes. If you are sitting in Pyongyang, your single most important relationship is with the People’s Republic of China.

Beijing has been deeply concerned about the DPRK’s behavior in a number of areas. Earlier this year, for example, we saw the launch of North Korea’s rocket against China’s express wishes, and the seizure of Chinese fishermen by the DPRK navy. The relationship between the DPRK and China has its difficulties, and one of the big determinants in what happens to the DPRK in the immediate future is going to be the position on the DPRK taken by the incoming Chinese government after the Party Congress in November.


About the Images

Even in central Pyongyang almost any cultivable patch of ground is ploughed for crops, like this one just outside the diplomatic quarter. (Credit: John Everard) 

Stalls at Pyongyang spring trade fair -- the dominance of China at these events is clear. (Credit: John Everard) 

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North Korean newlyweds. They have probably presented flowers to a statue of Kim Il Sung earlier in the day, and are here seen outside the hotel that is hosting their wedding reception.
John Everard
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Please note: at 4:00 p.m. on October 22, the speakers will deliver CISAC's Annual Drell Lecture, entitled
"Thirteen Days -- and Fifty Years Later: What Have We Learned from the Cuban Missile Crisis?"

You are welcome to attend this public lecture in the Oak Lounge
on the second floor of Tresidder Memorial Union.
No RSVP is required for the public lecture.

 

 

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Paul Brest Hall
Munger Graduate Residences
555 Salvatierra Walk
Stanford, CA 94305

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In advance of the third presidential debate, Freeman Spogli Institute center directors thought about key international policy issues that need addressing by presidential candidates Barak Obama and Mitt Romney. FSE center director Rosamond L. Naylor posed the question below among a list of other suggested FSI foreign policy questions to debate:

Should our government help American farmers cope with climate impacts on food production, and should this assistance be extended to other countries – particularly poor countries – whose food production is also threatened by climate variability and climate change?

What to listen for: Most representatives in Congress would like to eliminate government handouts, and many would also like to turn away from any discussion of climate change. Yet this year, U.S. taxpayers are set to pay up to $20 billion to farmers for crop insurance after extreme drought and heat conditions damaged yields in the Midwest.

With the 2012 farm bill stalled in Congress, the candidates need to be clear about whether they support government subsidized crop insurance for American farmers. They should also articulate their views on climate threats to food production in the U.S. and abroad.

Without a substantial crop insurance program, American farmers will face serious risks of income losses and loan defaults. And without foreign assistance for climate adaptation, the number of people going hungry could well exceed 15 percent of the world's population. 

~Rosamond L. Naylor, director of the Center on Food Security and the Environment 

 

Inspired by the spirit of debate, FSE fellows took the opportunity to pose a few additional questions for the candidates. 

Questions from FSE deputy director Walter P. Falcon:

The US now uses more that 40% of its corn crop for biofuel. While some argue this contributes to long-term energy independence, others note that ethanol mandates, along with unfavorable weather, can contribute to higher and more volatile food prices like those seen in recent years. Do you regard the US policy emphasis on biofuels, especially corn-based ethanol, as being a successful program to date? Have the benefits from biofuels outweighed the negative impacts on higher food costs around the world, and do you believe that mandates continue to be the most appropriate policy going forward?

One of the largest agricultural programs in the US is in the form of food stamps to poor consumers. Would you prefer to cap, perhaps even eliminate, the food stamp (SNAP) program? Would you prefer to replace it with a direct cash transfer system? Whom do you think generally should qualify either for food stamps or cash transfers?

Questions from FSE associate director David Lobell:

A major initiative of the Obama Administration has been Feed the Future, which aims at improving food security in other countries. Is the U.S. focused sufficiently on hunger in other parts of the world? Have actions matched rhetoric? Is a $3 billion expenditure on this initiative the right sum in an era of large fiscal deficits in the U.S.?

Question from research scholar Bill Burke:

The United States is viewed by many as a world leader, but its role in foreign assistance is contentious. In dollar terms, the United States consistently gives more foreign assistance than any other donor nation. In 2012, for example, the U.S. provided nearly 34 billion dollars, or more than twice as much as any other country. On the other hand, many criticize the U.S. for contributing relatively little in comparison to other countries when donations are measured as a share of GDP. Some also point out that much of what is labeled foreign assistance is actually military or security assistance, and does not contribute directly towards economic development. Does the U.S. spend too little or too much on foreign assistance, and should a greater proportion of U.S. funding go directly towards poverty reduction and food security?

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