Rule of Law

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Lecturer in Residence, Stanford Law School
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Jamie O’Connell is a Lecturer in Residence at Stanford Law School. He teaches and writes on political and legal development and has particular expertise in law and development, transitional justice, democratization, post-conflict reconstruction, and business and human rights. Until 2018, he was a Senior Fellow of the Honorable G. William and Ariadna Miller Institute for Global Challenges and the Law at the University of California, Berkeley, School of Law, as well as a Lecturer in Residence, teaching both law and undergraduate students.

O’Connell has worked on human rights and development in over a dozen countries in Africa, the Americas, Asia, and Europe, under the auspices of the United Nations, local and international non-governmental organizations, and academic institutions. He co-founded International Professional Partnerships for Sierra Leone, a non-governmental organization that worked with the government of Sierra Leone to enhance the performance of its agencies and civil servants. Earlier in his career, O’Connell studied international business as a researcher at Harvard Business School, publishing numerous case studies. He has directed the Human Rights Clinic at the University of Sierra Leone and taught as a visitor at Harvard Law School and Columbia Law School. O’Connell clerked for the Honorable James R. Browning on the U.S. Court of Appeals for the Ninth Circuit and is admitted to practice in California (inactive status) and New York. In 2016-17, he was a visiting professor and Fulbright Senior Scholar at the University of Valencia (Spain) Faculty of Law.

O’Connell’s scholarship includes “Representation, Paternalism, and Exclusion: The Divergent Impacts of the AKP’s Populism on Human Rights In Turkey” in Human Rights in a Time of Populism: Challenges and Responses (2020); “When Prosecution Is Not Enough: How the International Criminal Court Can Prevent Atrocity and Advance Accountability by Emulating Regional Human Rights Institutions” (with James L. Cavallaro, Yale Journal of International Law, 2020); “Common Interests, Closer Allies: How Democracy in Arab States Can Benefit the West” (Stanford Journal of International Law, 2012); “Empowering the Disadvantaged after Dictatorship and Conflict: Legal Empowerment, Transitions and Transitional Justice,” in Legal Empowerment: Practitioners’ Perspectives (2010); “East Timor 1999,” in The Responsibility to Protect: Moving the Campaign Forward (2007); “Gambling with the Psyche: Does Prosecuting Human Rights Violators Console Their Victims?” (Harvard International Law Journal, 2005); “Here Interest Meets Humanity: How to End the War and Support Reconstruction in Liberia, and the Case for Modest American Leadership” (Harvard Human Rights Journal, 2004); and Sierra Leone’s Truth and Reconciliation Commission and Special Court: A Citizen’s Handbook (with Paul James-Allen and Sheku B.S. Lahai, 2003).

CDDRL Affiliated Scholar
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What are the effects of international intervention on the rule of law after civil war? Rule of law requires not only that state authorities abide by legal limits on their power, but also that citizens rely on state laws and institutions to adjudicate disputes. Using an original survey and list experiment in Liberia, I show that exposure to the UN Mission in Liberia (UNMIL) increased citizens’ reliance on state over nonstate authorities to resolve the most serious incidents of crime and violence, and increased nonstate authorities’ reliance on legal over illegal mechanisms of dispute resolution. I use multiple identification strategies to support a causal interpretation of these results, including an instrumental variables strategy that leverages plausibly exogenous variation in the distribution of UNMIL personnel induced by the killing of seven peacekeepers in neighboring Côte d'Ivoire. My results are still detectable two years later, even in communities that report no further exposure to peacekeepers. I also find that exposure to UNMIL did not mitigate and may in fact have exacerbated citizens’ perceptions of state corruption and bias in the short term, but that these apparently adverse effects dissipated over time. I conclude by discussing implications of these complex but overall beneficial effects.

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International Organization
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After the Revolution of Dignity Ukraine has faced a challenging combination: Hybrid war from Russia side and economic and institutional collapse. Years under Yanukovych rule in conjunction with a lingering post-Soviet legacy created a perfect storm and required rapid, powerful and tailored response both from Ukrainian government and donor community. Inspired by the signing of the EU-Ukraine Association agreement, as well as understanding the weakness of Ukrainian institutions, the Ukrainian Reforms Architecture project was created. Co-invented by EU and the European Bank for Reconstruction and Development (EBRD), the project focuses on different reform areas such as Public Administration Reform, Business Climate, Public Finance management, Privatization and SOE corporate governance, and many others. This panel of experts will discuss the results of the project on the Ukrainian reform process: What is the future of the project? Can these reforms sustain major political changes with this year's elections? And, if successful, can it be replicated in other countries? 

This event will be moderated by Francis Fukuyama, Mosbacher Director of the Center on Democracy, Development and the Rule of Law, and Steven Pifer, William J. Perry fellow at Stanford’s Freeman Spogli Institute for International Studies (FSI).

 

Speaker Bios

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Francis Malige is the Managing Director for Financial Institutions for the EBRD. He leads the Bank’s investments in the financial sector, including banks as well as insurance companies, non-bank financial institutions and capital market infrastructure companies, across three continents. He took up his role in August 2018. From 2014 to 2018, he served as Managing Director, Eastern Europe and the Caucasus, leading the Bank’s operations and policy initiatives in Ukraine, Belarus, Moldova, Armenia, Azerbaijan and Georgia. In Ukraine, he led the EBRD through the difficult post-revolution period, to develop a number of initiatives blending investment and policy impact, including the Ukraine Reforms Architecture 

 

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Bojana J. Reiner is Senior Governance Counsellor at the European Bank for Reconstruction and Development (EBRD), based in London. She has more than 20 years experience in public policy, private sector development, intelligence and investigations across EMEA, gained in prominent organizations worldwide. In her current role, Bojana leads the Ukraine Reforms Architecture (URA) programme, which is the EBRD’s flagship state capacity building initiative. In her previous roles at EBRD, she oversaw the delivery of key reform policy engagements across EMEA, deployed with around €100 million of donor funds annually.  

 

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Dmytro Romanovych is an alumnus of the Ukrainian Emerging Leaders Program and current Senior Consultant for the Ukrainian Reforms Architecture project at the EBRD. Prior to this role, Romanovych worked at the Reform Delivery Office for the Cabinet of Ministers of Ukraine. Romanovych was an advisor to the Minister of Economy, and is responsible for deregulation and improving the business climate in Ukraine. In addition, he was an economic expert in the largest NGO coalition in Ukraine, the Reanimation Package of Reforms, which is the most influential non-governmental reform advocate in the country.

 

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Nataliya Mykolska is the Trade Representative of Ukraine - Deputy Minister of Economic Development and Trade. In the government, Mykolska is responsible for developing and implementing consistent, predictable and efficient trade policy. She focuses on export strategy and promotion, building an effective system of state support for Ukrainian exports, free trade agreements, protecting Ukrainian trade interests in the World Trade Organization (WTO), dialogue with Ukrainian exporters, and removing trade barriers. Mykolska is the Vice-Chair of the International Trade Council and the Intergovernmental Committee on International Trade.

Francis Malige Managing Director, Financial Institutions European Bank for Reconstruction and Development (EBRD)
Bojana Reiner Senior Governance Counsellor EBRD
Dmytro Romanovych Senior Consultant for Ukrainian Reforms Architecture Project EBRD
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Visiting Practitioner, Ukrainian Emerging Leaders Program 2018-19
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Nataliya Mykolska is the Trade Representative of Ukraine - Deputy Minister of Economic Development and Trade. In the government, Mykolska is responsible for developing and implementing consistent, predictable and efficient trade policy. She focuses on export strategy and promotion, building an effective system of state support for Ukrainian exports, free trade agreements, protecting Ukrainian trade interests in the World Trade Organization (WTO), dialogue with Ukrainian exporters, and removing trade barriers. Mykolska is the Vice-Chair of the International Trade Council and the Intergovernmental Committee on International Trade.   In her position, Mykolska developed and adopted the first ever Export Strategy of Ukraine: Strategic Trade Development Roadmap of Ukraine for 2017-2021. She has concluded and launched free trade agreements with Canada and Israel, and initiated additional trade preferences by the EU. Due to her efforts, Ukraine has started actively using WTO mechanisms and procedures. Moreover, the Ministry initiated WTO proceedings against Russia in response to trade aggression. Mykolska established the Export Promotion Office at the Ministry to assist Ukrainian business, help them succeed on international markets and open new markets.   Mykolska has fifteen years of experience working as a legal counsel with a focus on international trade including WTO and free trade agreements, trade financing, cross-border trade transactions and contracts, franchising and other areas. Mykolska worked with governmental institutions to bring Ukraine in compliance with international obligations, including the EU-Ukraine Deep and Comprehensive Free Trade Area. She has been recognized as the No. 1 International Trade lawyer by Ukrainian Law Firms, and was recommended by the International Who’s Who of Business Lawyers and the International Who's Who of Trade & Customs Lawyers.   Mykolska graduated from the Ivan Franko National University of Lviv Faculty of Law in 2001, and completed her Master of European Studies Program at the Europa-Kolleg-Hamburg in 2002.  
Visiting Practitioner Ukrainian Emerging Leaders Program
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Eloise Duvillier

Eloise Duvillier is the Program Manager of the Program on Democracy and the Internet at the Cyber Policy Center. She previously was a HR Program Manager and acting HR Business Partner at Bytedance Inc, a rapidly-growing Chinese technology startup. At Bytedance, she supported the globalization of the company by driving US acquisition integrations in Los Angeles and building new R&D teams in Seattle and Silicon Valley. Prior to Bytedance, she led talent acquisition for Baidu USA LLC’s artificial intelligence division. She began her career in the nonprofit industry where she worked in foster care, HIV education and emergency response during humanitarian crises, as well as helping war-torn communities rebuild. She graduated from University of California, Berkeley with a bachelor’s degree in Development Studies, focusing on political economics in unindustrialized societies.

Program Manager, Program on Democracy and the Internet
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This article assesses American public attitudes toward the just war principles of proportionality, due care and distinction. Consistent with the logic of proportionality, the authors find that Americans are less willing to inflict collateral deaths on foreign civilians when the military advantage of destroying a target is lower. Most Americans also are willing to risk the deaths of American soldiers to avert a larger number of collateral foreign civilian deaths, which accords with the due care principle. Nevertheless, they find that the public's commitments to proportionality and due care are heavily biased in favor of protecting American soldiers and promoting US national security interests. Moreover, they find little evidence that the majority of the public supports the principle of noncombatant immunity, and, contrary to just war doctrine, Americans are more likely to accept collateral deaths of foreign civilians when those civilians are described as politically sympathetic with the adversary.

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International Studies Quarterly
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Scott D. Sagan
Scott Sagan
Benjamin Valentino
Number
Volume 62, Issue 3
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The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949-1987) before transitioning to liberal democracy. This talk is based on an ethnographic study of street-level police practices during the first rotation in executive power following the democratic transition (i.e. the first term of the Chen Shui-bian administration, 2000-2004). Summarizing the argument of a forthcoming book, Dr. Jeffrey T. Martin focuses on an apparent paradox, in which the strength of Taiwan's democracy is correlated to the weakness of its police powers. Martin explains this paradox through a theory of "jurisdictional pluralism" which, in Taiwan, is  organized by a cultural distinction between sentiment, reason, and law as distinct foundations for political authority. An overt police interest in sentiment (qing) was institutionalized during the martial law era, when police served as an instrument for the cultivation of properly nationalistic political sentiments. Martin's fieldwork demonstrates how the politics of sentiment which took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.


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Jeffrey T. Martin is an assistant professor in the Departments of Anthropology and East Asian Languages and Cultures at the University of Illinois at Urbana Champaign. He specializes in the anthropological study of modern policing, and has conducted research in China, Taiwan, Hong Kong, and the USA. His research interests focus on historical continuity and change in police culture, especially as this culture reflects specific changes in the legal, bureaucratic, or technical dimensions of police operations. Prior to joining the University of Illinois, Dr. Martin taught in the Sociology Department at the University of Hong Kong, and in the Graduate Institute of Taiwan Studies at Chang Jung Christian University.
 

 

 

 

 

 

 

 

 

 

Jeffrey T. Martin <i>Assistant Professor, Anthropology and East Asian Languages and Cultures, University of Illinois at Urbana Champaign</i>
Seminars
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Please note: RSVP's are full for this event. Please email PLABOON@STANFORD.EDU to add your name to the waitlist.

 

During its March 2018 National People’s Congress (NPC) meeting, the PRC’s national delegates voted nearly unanimously to eliminate term limits for China’s president and vice president. Alongside this dramatic announcement, the NPC further announced drastic re-organization of Party and state such that the Chinese state administration saw significant cuts, consolidation and centralization of power under the CCP.

At this watershed moment, leading experts on Chinese politics will examine what these Constitutional changes bode for China’s future and Xi Jinping’s rule. Are these game changers? Is China abandoning key parts of Deng Xiaoping’s legacy?  How will these affect China’s authoritarian resilience or governance system going forward?  What are the short- and long-term implications of this decision for China’s continuing stability, sustained economic growth and foreign policy?

Please join us for this special panel event with top China experts as they discuss the significance and implications of the recent NPC decisions and Constitutional amendments.


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Joseph Fewsmith is professor of international relations and political science at the BU Pardee School. He is the author or editor of eight books, including, most recently, The Logic and Limits of Political Reform in China (January 2013). Other works include China since Tiananmen (2nd edition, 2008) and China Today, China Tomorrow (2010). Other books include Elite Politics in Contemporary China (2001), The Dilemmas of Reform in China: Political Conflict and Economic Debate (1994), and Party, State, and Local Elites in Republican China: Merchant Organizations and Politics in Shanghai, 1890-1930 (1985). He is one of the seven regular contributors to the China Leadership Monitor, a quarterly web publication analyzing current developments in China. Fewsmith travels to China regularly and is active in the Association for Asian Studies and the American Political Science Association. His articles have appeared in such journals as Asian Survey, Comparative Studies in Society and History, The China Journal, The China Quarterly, Current History, The Journal of Contemporary China, Problems of Communism, and Modern China. He is an associate of the John King Fairbank Center for East Asian Studies at Harvard University and the Pardee Center for the Study of the Longer Range Future at Boston University.

 

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Mary Gallagher is professor of political science at the University of Michigan as well as the director of the Kenneth G. Lieberthal and Richard H. Rogel Center for Chinese Studies. She received her Ph.D. in politics in 2001 from Princeton University and a B.A. from Smith College in 1991.  In 1989, she was a foreign student in China at Nanjing University. Gallagher later taught at the Foreign Affairs College in Beijing from 1996-1997 and was a Fulbright Research Scholar from 2003 to 2004 at East China University of Politics and Law in Shanghai, China. In 2012-2013, she was a visiting professor at the Koguan School of Law at Shanghai Jiaotong University. Her book, Authoritarian Legality in China: Law, Workers, and the State is out from Cambridge University Press this year. Gallagher have also written/edited several other books, including Contagious Capitalism:  Globalization and the Politics of Labor in China (Princeton 2005), Chinese Justice: Civil Dispute Resolution in Contemporary China (Cambridge 2011), From Iron Rice Bowl to Informalization:  Markets, Workers, and the State in a Changing China (Cornell 2011), and Contemporary Chinese Politics: New Sources, Methods, and Field Strategies (Cambridge 2010).

 

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Alice Miller is a research fellow at the Hoover Institution and lecturer in East Asian studies at Stanford. Miller first joined the Hoover Institution in 1999 as a visiting fellow. She also served as a senior lecturer in the Department of National Security Affairs at the US Naval Postgraduate School in Monterey, California, 1999-2014. Before coming to Stanford, Miller taught at the School of Advanced International Studies (SAIS) at Johns Hopkins University in Washington, DC. From 1980 to 1990, she was a professorial lecturer in Chinese history and politics at SAIS. From 1990 to 2000, she was an associate professor of China studies and, for most of that period, director of the China Studies Program at SAIS. She also held a joint appointment as adjunct associate professor in the Department of Political Science at Johns Hopkins from 1996 to 1999 and as adjunct lecturer in the Department of Government, Georgetown University, from 1996 to 1998. From 1974 to 1990, Miller worked in the Central Intelligence Agency as a senior analyst in Chinese foreign policy and domestic politics and as a branch and division chief, supervising analysis on China, North Korea, Indochina, and Soviet policy in East Asia. Miller has lived and worked in Taiwan, Japan, and the People’s Republic of China; she speaks Mandarin Chinese.

 

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Victor Shih is an associate professor of political economy at University of California, San Diego, and has published widely on the politics of Chinese banking policies, fiscal policies and exchange rates. He was the first analyst to identify the risk of massive local government debt, and is the author of Factions and Finance in China: Elite Conflict and Inflation. Prior to joining U.C. San Diego, Shih was a professor of political science at Northwestern University and former principal for The Carlyle Group.Shih is currently engaged in a study of how the coalition-formation strategies of founding leaders had a profound impact on the evolution of the Chinese Communist Party. He is also constructing a large database on biographical information of elites in China.

 

Joseph Fewsmith <br><i>Professor of International Relations and Political Science, Boston University, Pardee School</i><br><br>
Mary Gallagher <br><i>Professor of Political Science; Director, Center for Chinese Studies, University of Michigan</i><br><br>
Alice Miller <br><i>Research Fellow, Hoover Institution, Stanford University</i><br><br>
Victor Shih <br><i>Associate Professor, School of Global Policy & Strategy, University of California, San Diego</i><br><br>
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