International Law
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Interactive Radio for Justice (IRFJ) uses media to help improve awareness of the International Criminal Court and hold human rights violators to account. IRFJ is currently developing programs focused on the Democratic Republic of Congo and the Central African Republic. The International Law Society co-hosts a presentation by Wanda Hall, IRFJ Director, with the Program on Human Rights to explore how to improve the efficacy of the International Criminal Court around the world.


**Lunch Served**

Stanford Law School
Rm. 280A

Wanda Hall Director Speaker Interactive Radio for Justice
Seminars
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Dr. Songs talk will focus on the question concerning interpretation and possible application of Article 121 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), in particular its third paragraph, to the selected disputed offshore islands or rocks that are situated in the Sea of Japan, the East China Sea, and the South China Sea. A number of recent developments occurred in the East Asian waters that are relevant to or have the potential to give rise to the problem of interpretation and application of the said article will first be cited. Then, a brief summary of the development of the "Regime of Islands" at UNCLOS III will be given, focusing in particular on those proposals made by the participating delegations to amend or delete entirely Article 121(3) of UNCLOS. The views of the law of the sea experts on interpretation and application of Article 121(3) will be examined. Several selected examples of state practices with regard to the application or interpretation of Article 121(3) will then be provided. This is to be followed by discussing the interpretation and possible application of Article 121(3) to the selected disputed offshore islands that are situated in the East Asian waters. Finally, several suggestions for possible amendment to Article 121 or policy measures to help deal with the confusion found in Article 121(3) will be offered.

Yann-huei Song received his undergraduate degree from National Chengchi University, Taipei, Taiwan, a Master's degree in Political Science from Indiana State University, Indiana, USA, a LL.M. degree from the University of California School of Law (Boalt Hall), Berkeley, California, USA, a doctoral degree in International Relations from Kent State University, Kent, Ohio, USA, and a JSD degree from the University of California School of Law (Boalt Hall), Berkeley.

Following graduation from Kent State University, Dr. Song taught at Department of Political Science, Indiana State University as Assistant Professor in 1988. He then returned to his country and taught as an Associate Professor at Institute of Maritime Law, National Taiwan Ocean University, Keelung, Taiwan in 1990. Currently, Dr. Song is a research fellow at the Institute of European and American Studies, Academia Sinica, Nankang, Taipei, Taiwan, and distinguished professor of the Graduate Institute of International Politics at National Ching Hsing University (NCHU), Taichung, Taiwan. He is also dean of the Office of International Affaris at NCHU.

Dr. Song's research interests are in the fields of International Law of the Sea, International Fisheries Law, International Environmental Law, National Ocean Policy Study, Naval Arms Control and Maritime Security. He has published articles in journals such as Political Geography Quarterly, Asian Survey, Marine Policy, Chinese Yearbook of International Law and Affairs, Issues and Studies, The American Asian Review, Ocean Development and International Law, EurAmerica, Ecology Law Review, the International Journal of Coastal and Marine Law, The Indonesian Quarterly and others.

Philippines Conference Room

Shorenstein APARC
Stanford University
Encina Hall, Room E301
Stanford, CA 94305-6055

(650) 725-2429 (650) 723-6530
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Visiting Scholar
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Yann-huei Song Distinguished Professor the Graduate Institute of International Politics Speaker National Chung Hsing University, Taichung
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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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Matthew Augustine
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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
Seminars
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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
Seminars
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