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International Law

Simmons stresses the role of international law in mobilizing for human rights

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On January 25, Professor Beth Simmons of Harvard University spoke as part of the Sanela Diana Jenkins Series on international human rights. Simmons, the Director of the Weatherhead Center for International Affairs, presented research from her award-winning book Mobilizing for Human Rights: International Law in Domestic Politics (2009).

During her lecture, Simmons explored the reasons why certain countries chose to ratify binding international treaties and others did not. Looking specifically at six "core" treaties, Simmons discussed the various domestic factors and international pressures that would explain the often-unexpected behavior of the nations toward these treaties. Strikingly, Simmons found that one of the best predictors of a country's position on a treaty was the ratification or non-ratification by its neighboring nations. This discovery, she said, suggested that nations could influence non-signatory neighbor countries to sign such treaties.

Simmons then turned to the analysis of why, and to what extent, these treaties matter - a question she is often asked by her students. While insisting that international treaties alone do not "solve all the problems," Simmons emphasized their role in framing human rights issues not only on the international level, but also in domestic politics. According to Simmons, these treaties support the domestic efforts of individuals and organizations across the globe that can now "point to [these] core focal group of documents as evidence [of their rights]."

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International Relations Theory and Cross-strait Relations

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In this special seminar event, Dr. Szu-yin Ho will examine the current Taiwan-China relations within the framework of international relations theory. He will elaborate how both sides of the Taiwan Strait perceive this relationship, what the implications for the building of new institutions are after President Ma Ying-jeou took office, and what kind of signals these new institutions have delivered. Dr. Ho will also give his concerns and predictions about the future relationship across the Taiwan Strait. In this special seminar, Professor Wei-chin Lee from Wake Forest University will comment on Dr. Ho's speech.

Szu-yin Ho is Professor of Political Science at the National Chengchi University. He received his BA degree (1978) in English Literature from National Taiwan University, MA (1983) and Ph.D. (1986) in Political Science from the University of California at Santa Barbara. After receiving doctoral degree, Professor Ho first joined the Academia Sinica, then moved to the Institute of International Relations, National Chengchi University, Taipei, Taiwan. He later served as the Deputy Director of the Institute from 1994 to 1999 and the Director from 1999-2003. From 2003 to 2008 he served as the Director of International Affairs of the KMT, Taiwan's current ruling party. After the presidential election in 2008, he moved to become the Deputy Secretary-General of the National Security Council in the Presidential Office, overseeing the country's foreign affairs. After two years of service in government, Mr. Ho went back to academia. Professor Ho specializes on international relations, comparative political economy, sampling survey, and Chinese politics. He had published books and articles, in both Chinese and English, along these lines of research.

Wei-chin Lee received his Ph.D. in Political Science from University of Oregon. He is Professor of Political Science at Wake Forest University in North Carolina. He has published several books, including the latest edited volume on Taiwan's Politics in the 21th Century (2010). His articles have appeared in various scholarly journals. His teaching and research interests include foreign policy and domestic politics of China and Taiwan, US policy toward East Asia, international security, and international institutions. He is currently serving as an advisor to the Taiwan Benevolent Association of America.

This is a special event cosponsored by CDDRL and Taiwan Benevolent Association of  America.

Frances C. Arrillaga Alumni Center

Szu-yin Ho Professor Speaker National Chengchi University, Taiwan

Larry Diamond

CDDRL
Stanford University
Encina Hall, C147
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Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies
William L. Clayton Senior Fellow at the Hoover Institution
Professor, by courtesy, of Political Science and Sociology
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MA, PhD

Larry Diamond is the William L. Clayton Senior Fellow at the Hoover Institution, the Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies (FSI), and a Bass University Fellow in Undergraduate Education at Stanford University. He is also professor by courtesy of Political Science and Sociology at Stanford, where he lectures and teaches courses on democracy (including an online course on EdX). At the Hoover Institution, he co-leads the Project on Taiwan in the Indo-Pacific Region and participates in the Project on the U.S., China, and the World. At FSI, he is among the core faculty of the Center on Democracy, Development and the Rule of Law, which he directed for six and a half years. He leads FSI’s Israel Studies Program and is a member of the Program on Arab Reform and Development. He also co-leads the Global Digital Policy Incubator, based at FSI’s Cyber Policy Center. He served for 32 years as founding co-editor of the Journal of Democracy.

Diamond’s research focuses on global trends affecting freedom and democracy and on U.S. and international policies to defend and advance democracy. His book, Ill Winds: Saving Democracy from Russian Rage, Chinese Ambition, and American Complacency, analyzes the challenges confronting liberal democracy in the United States and around the world at this potential “hinge in history,” and offers an agenda for strengthening and defending democracy at home and abroad.  A paperback edition with a new preface was released by Penguin in April 2020. His other books include: In Search of Democracy (2016), The Spirit of Democracy (2008), Developing Democracy: Toward Consolidation (1999), Promoting Democracy in the 1990s (1995), and Class, Ethnicity, and Democracy in Nigeria (1989). He has edited or coedited more than fifty books, including China’s Influence and American Interests (2019, with Orville Schell), Silicon Triangle: The United States, China, Taiwan the Global Semiconductor Security (2023, with James O. Ellis Jr. and Orville Schell), and The Troubling State of India’s Democracy (2024, with Sumit Ganguly and Dinsha Mistree).

During 2002–03, Diamond served as a consultant to the US Agency for International Development (USAID) and was a contributing author of its report, Foreign Aid in the National Interest. He has advised and lectured to universities and think tanks around the world, and to the World Bank, the United Nations, the State Department, and other organizations dealing with governance and development. During the first three months of 2004, Diamond served as a senior adviser on governance to the Coalition Provisional Authority in Baghdad. His 2005 book, Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq, was one of the first books to critically analyze America's postwar engagement in Iraq.

Among Diamond’s other edited books are Democracy in Decline?; Democratization and Authoritarianism in the Arab World; Will China Democratize?; and Liberation Technology: Social Media and the Struggle for Democracy, all edited with Marc F. Plattner; and Politics and Culture in Contemporary Iran, with Abbas Milani. With Juan J. Linz and Seymour Martin Lipset, he edited the series, Democracy in Developing Countries, which helped to shape a new generation of comparative study of democratic development.

Download full-resolution headshot; photo credit: Rod Searcey.

Former Director of the Center on Democracy, Development and the Rule of Law
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The impact of war on civilians

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Today's world abounds in international courts, laws, and tribunals, yet war is becoming more brutal, more transnational, with mounting civilian casualties. Helen Stacy, FSI senior fellow and Stanford scholar in international and comparative law, notes that "civilians, often women and children, who played no role in the conflict – these are the people who suffer first, last, and in the middle." Stacy recently moderated a panel on Civilians in War Zones, that included Richard Goldstone, former justice of the Constitutional Court of South Africa, history Professor James Campbell, and Peter Berkowitz, senior fellow at the Hoover Institution, as part of this year's Ethics and War series.
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Karen Alter speaks on the evolution of transnational law and international courts

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On January 18, Professor Karen Alter of Northwestern University presented her research on international legal institutions and their role in the global struggle for human rights at the third installment of the Sanela Diana Jenkins Speaker Series. Alter, a professor of Political Science and Law, focused her lecture on the evolution of the transnational and human rights judicial orders.

To address the first subject, Alter offered a historical analysis of international courts since the establishment of the paradigmatic European Court of Justice in 1952. Alter argued that progressive lawyers and judges in Western Europe created a European legal revolution that then spread internationally and spurred the proliferation of international legal courts. She also suggested that contemporary international courts have benefitted from the "roadmap" provided by both the ECJ and the European Court of Human Rights (ECHR) while adjusting this European model to develop their own, more locally nuanced jurisprudence.

Alter also highlighted the importance of international courts focused on human rights issues. While she admitted that certain courts, like the African Court of Human and Peoples Rights (ACHPR), have failed to satisfactorily address issues of human rights in their jurisdictions, she maintained that these courts can still serve as a powerful check for governments that violate the human rights of their people and the domestic judicial systems that legitimize these abuses. She argued that these courts can act as "tipping point political actors" who give hope to human rights activists and legal scholars. She concluded on an optimistic note, saying "[These] activists can change the world.

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Transforming Politics via Delegation to International Courts

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Karen Alter's current research investigates how the proliferation of international legal mechanisms is changing international relations.  Her book in progress, The New Terrain of International Law: International Courts in International Politics provides a new framework for comparing and understanding the influence of the twenty-four existing international courts, and for thinking about how different domains of domestic and international politics are transformed through the creation of international courts.     

Alter is author of The European Court's Political Power (Oxford University Press, 2009), and Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe. (Oxford University Press, 2001) and more than forty articles and book  chapters on the politics of international law and courts.  Recent publications investigate the politics of international regime complexity,  how delegation of authority to international courts reshapes domestic and international relations, and politics in the Andean Community's legal system.

Professor Alter teaches courses on international law, international organizations, ethics in international affairs, and the international politics of human rights at both the graduate and undergraduate levels.

Alter has been a German Marshall Fund Fellow, a Howard Foundation research fellow and an Emile Noel scholar at Harvard Law School. Her research has also been supported by the DAAD and France's Chateaubriand fellowship. She has been a visiting scholar at the American Bar Foundation where she is an associate scholar of the Center on Law and Globalization, Northwestern University's School of Law, Harvard University's Center for European Studies, Institute d'Etudes Politiques, the Deutsche Gesellschaft fur Auswartiges Politik, Universität Bremen, and Seikei University. Fluent in Italian, French and German, Alter serves on the editorial board of European Union Politics and Law and Social Inquiry and is a member of the Council on Foreign Relations.

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Karen Alter Professor of Political Science, Northwestern University; Northwestern Law School (courtesy appointment) Speaker
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A World Court of Human Rights : Consolidated statute and commentary

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Today a plenitude of legal instruments for the protection of a vast number of human rights exists. Many of these rights have reached almost universal ratification. Regional courts have developed and their jurisdiction has brought relief to individual victims of human rights violations and has influenced national legislation and practice. The perpetrators of the most severe human rights violations can be held responsible before the International Criminal Court. Why is it, then, that we are still facing systematic and widespread violations, and that the gap between the high aspirations and the sobering reality, between human rights law and its implementation still exists? The establishment of a World Court of Human Rights could help bridging the gap between codified rights and reality. The idea of such a Court dates back to 1947. Due to the Cold War, however, the proposal did not find consensus among States. Thus the World Court of Human Rights was never realised and remained stigmatised as utopian. Probably due to this sense of political infeasibility, scholars have never undertaken to look into the legal possibilities of drafting a statute for the Court. The authors of this publication tried not only to come up with a solid statute but also took into consideration major challenges to the protection of human rights in our time.
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Julia Kozma
Manfred Nowak
Manfred Nowak
Martin Scheinin
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Sanela Diana Jenkins HR Series : Reparations, Restitution, and Transitional Justice

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Larry May is a political philosopher who has written on conceptual issues in collective and shared responsibility, as well as normative issues in international criminal law. He has also written on professional ethics and on the Just War tradition.  

In addition to being W. Alton Jones Professor of Philosophy and Professor of Law at Vanderbilt University, he is also a Professorial Fellow at the Centre for Applied Philosophy and Public Ethics, Charles Sturt University in Canberra.  He has previously taught at Washington University, Purdue University, University of Wisconsin, and University of Connecticut. 

He has published 25 books and 100 articles. His five most recent authored books have been published by Cambridge University Press, including: "Genocide: A Normative Account" (2010) and "Global Justice and Due Process" (2011). 

His authored books have won awards from the American Philosophical Association, the North American Society for Social Philosophy, the International Association of Penal Law, the American Society of International Law, and the American Library Association. His writings have been translated into French, German, Spanish, Italian, Polish, Serbian, Japanese, Chinese, and Korean.

Professor May has lectured extensively around the world, including, in the last two years, keynote or plenary addresses at conferences in: Oxford, St. Andrews, Oslo, Helsinki, Krakow, Belgrade, Bielefeld, The Hague, Delft, Leiden, Montreal, Victoria, Toronto, Canberra, Melbourne, and Sydney.  

He has served on the board of directors of the American Philosophical Association and is past president of AMINTAPHIL, the American section of the International Society for Philosophy of Law. In addition, he has occasionally taken a criminal appeals case, and has worked on several death penalty cases, in the United States.

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Larry May W. Alton Jones Professor of Philosophy and Professor of Law at Vanderbilt University Speaker
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Sanela Diana Jenkins HR Series : The Right to Culture as a Human Right : Law in a Multicultural World

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Alison Dundes Renteln is a Professor of Political Science and Anthropology at the University of Southern California where she teaches Law and Public Policy with an emphasis on international law and human rights.  A graduate of Harvard (History and Literature), she has a Ph.D. in Jurisprudence and Social Policy from the University of California, Berkeley and a J.D. from the USC Law School.   She served as Director of the Jesse Unruh Institute of Politics and as Vice-Chair of the Department of Political Science.  In 2005 she received the USC Associates Award for Excellence in Teaching (campus-wide).  Her publications include The Cultural Defense (Oxford), which received the 2006 USC Phi Kappa Phi Award for Creativity in Research.  Her book co-edited with Marie-Claire Foblets, Multicultural Jurisprudence:  Comparative Perspectives on the Cultural Defense was published in 2009 (Hart) and featured in the California Bar Journal (February issue).  Another collection, Cultural Diversity and Law:  State Responses from Around the World, co-edited with Marie-Claire Foblets and Jean-Francois Gaudreault-Desbiens, was published in 2010 (Bruylant).  Cultural Law:  International, National, and Indigenous, co-authored with James Nafziger and Robert Paterson, was also published 2010 (Cambridge).  Two of her essays appeared in a special issue of Judicature on cross-cultural jurisprudence (March-April 2009) and another on this topic in The Judges' Journal of the American Bar Association (Spring, 2010).  Her current project is a study of the jurisprudence of names. 

Professor Renteln has collaborated with the United Nations on the Convention on the Rights of Persons with Disabilities.  She lectured on comparative legal ethics in Bangkok and Manila at ABA-sponsored conferences.  She has often taught seminars on the rights of ethnic minorities for judges, lawyers, court interpreters, jury consultants, and police officers. During the past few years she participated on panels on cross-cultural justice at the meetings of the American Bar Association, the National Association of Women Judges, the North American South Asian Bar Association, the American Society of Trial Consultants, and others.  She served on several California civil rights commissions and the California committee of Human Rights Watch.  She is a member of the American Political Science Association, the American Society of International Law, the Law and Society Association, and the Commission on Legal Pluralism.

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Alison Renteln Professor of Political Science and Anthropology at the University of Southern California Speaker
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