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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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Cambridge University Press: Cambridge
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Timothy Josling

Human Rights for the 21st Century: Sovereignty, Civil Society, Culture

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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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Stanford University Press
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Helen Stacy

November 2009 Dispatch - Forced Labor Redress in Japan and the United States

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Matthew Augustine
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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Human Rights Inc.: The World Novel, Narrative Form, and International Law

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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
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Program on Human Rights

Why Abolish the Death Penalty? Domestic and Transnational Factors

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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

Dong Wook Kim

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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
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Nuclear Power Without Nuclear Proliferation?

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The global nuclear order is changing. Concerns about climate change, the volatility of oil prices, and the security of energy supplies have contributed to a widespread and still-growing interest in the future use of nuclear power. Thirty states operate one or more nuclear power plants today, and according to the International Atomic Energy Agency (IAEA), some 50 others have requested technical assistance from the agency to explore the possibility of developing their own nuclear energy programs. This surge of interest in nuclear energy - labeled by some proponents as ‘the renaissance in nuclear power' - is occurring simultaneously with mounting concerns about the healthy of the nuclear nonproliferation regime, the regulatory framework that constrains and governs the world's civil and military- related nuclear affairs. The question then arises: is it possible to have nuclear power without nuclear proliferation? The answer is not clear, for the technical, economic, and political factors that will determine whether future generations will have more nuclear power without more nuclear proliferation are exceedingly complex and interrelated. Dr. Sagan will outline the current state of nuclear power and nuclear proliferation, before examining the weaknesses and promise of existing research on the subject. He argues that a key aspect of ensuring a safe nuclear future will be the strengthening of the NPT through "shared responsibility" for disarmament.

Scott Sagan is a professor of political science and co-director of Stanford's Center for International Security and Cooperation. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as a special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon. He has also served as a consultant to the office of the Secretary of Defense and at the Sandia National Laboratory and the Los Alamos National Laboratory.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989), The Limits of Safety: Organizations, Accidents, and Nuclear Weapons (Princeton University Press, 1993), and with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: A Debate Renewed (W.W. Norton, 2002). He is the co-editor of Peter R. Lavoy, Scott D. Sagan, and James L. Wirtz, Planning the Unthinkable (Cornell University Press, 2000) and the editor of Inside Nuclear South Asia (Stanford University Press, 2009). His most recent publications include "The Case for No First Use," Survival (June 2009) and "Good Faith and Nuclear Disarmament Negotiations" in George Perkovich and James A. Acton (eds.) Abolishing Nuclear Weapons: A Debate (Carnegie Endowment, 2009).

Allen S. Weiner is senior lecturer in law and co-director of the Stanford Program in International Law at Stanford Law School. He is also the co-director of the Stanford Center on International Conflict and Negotiation. His expertise is in the field of public international law and the foreign relations law of the United States. He is a seasoned international lawyer with experience in such wide-ranging fields as national security law, the law of war, international dispute resolution, and international criminal law. His current scholarship focuses on international law and the response to the contemporary security threats of international terrorism and the proliferation of weapons of mass destruction. For more than a decade he practiced international law in the U.S. Department of State, serving as an attorney-adviser in the Office of the Legal Adviser and as legal counselor at the U.S. Embassy in The Hague. In those capacities, he advised government policy-makers, negotiated international agreements, and represented the United States in litigation before the Iran-United States Claims Tribunal and the International Court of Justice. He teaches courses in public international law, international conflict resolution, and international security matters at Stanford Law School. He received a BA from Harvard College and a JD from Stanford Law School.

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CISAC Conference Room

Scott D. Sagan

CISAC
Stanford University
Encina Hall, E202
Stanford, CA 94305-6165

(650) 725-2715 (650) 723-0089
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The Caroline S.G. Munro Professor of Political Science
The Bass University Fellow in Undergraduate Education  
Senior Fellow, Freeman Spogli Institute for International Studies
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Scott D. Sagan is Co-Director and Senior Fellow at the Center for International Security and Cooperation, the Caroline S.G. Munro Professor of Political Science, and the Bass University Fellow in Undergraduate Education at Stanford University. He also serves as Co-Chair of the American Academy of Arts and Sciences’ Committee on International Security Studies. Before joining the Stanford faculty, Sagan was a lecturer in the Department of Government at Harvard University and served as special assistant to the director of the Organization of the Joint Chiefs of Staff in the Pentagon.

Sagan is the author of Moving Targets: Nuclear Strategy and National Security (Princeton University Press, 1989); The Limits of Safety: Organizations, Accidents, and Nuclear Weapons (Princeton University Press, 1993); and, with co-author Kenneth N. Waltz, The Spread of Nuclear Weapons: An Enduring Debate (W.W. Norton, 2012). He is the co-editor of Insider Threats (Cornell University Press, 2017) with Matthew Bunn; and co-editor of The Fragile Balance of Terror (Cornell University Press, 2022) with Vipin Narang. Sagan was also the guest editor of a two-volume special issue of Daedalus: Ethics, Technology, and War (Fall 2016) and The Changing Rules of War (Winter 2017).

Recent publications include “Kettles of Hawks: Public Opinion on the Nuclear Taboo and Noncombatant Immunity in the United States, United Kingdom, France, and Israel”, with Janina Dill and Benjamin A. Valentino in Security Studies (February 2022); “The Rule of Law and the Role of Strategy in U.S. Nuclear Doctrine” with Allen S. Weiner in International Security (Spring 2021); “Does the Noncombatant Immunity Norm Have Stopping Power?” with Benjamin A. Valentino in International Security (Fall 2020); and “Just War and Unjust Soldiers: American Public Opinion on the Moral Equality of Combatants” and “On Reciprocity, Revenge, and Replication: A Rejoinder to Walzer, McMahan, and Keohane” with Benjamin A. Valentino in Ethics & International Affairs (Winter 2019).

In 2022, Sagan was awarded Thérèse Delpech Memorial Award from the Carnegie Endowment for International Peace at their International Nuclear Policy Conference. In 2017, he received the International Studies Association’s Susan Strange Award which recognizes the scholar whose “singular intellect, assertiveness, and insight most challenge conventional wisdom and intellectual and organizational complacency" in the international studies community. Sagan was also the recipient of the National Academy of Sciences William and Katherine Estes Award in 2015, for his work addressing the risks of nuclear weapons and the causes of nuclear proliferation. The award, which is granted triennially, recognizes “research in any field of cognitive or behavioral science that advances understanding of issues relating to the risk of nuclear war.” In 2013, Sagan received the International Studies Association's International Security Studies Section Distinguished Scholar Award. He has also won four teaching awards: Stanford’s 1998-99 Dean’s Award for Distinguished Teaching; Stanford's 1996 Hoagland Prize for Undergraduate Teaching; the International Studies Association’s 2008 Innovative Teaching Award; and the Monterey Institute for International Studies’ Nonproliferation Education Award in 2009.     

Co-director of the Center for International Security and Cooperation
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Scott D. Sagan Co-Director of CISAC and Professor of Political Science Speaker
Allen S. Weiner Senior Lecturer in Law; Co-Director, Stanford Program in International Law; Co-Director, Stanford Center on International Conflict and Negotiation; CDDRL and CISAC Faculty Member; Forum on Contemporary Europe Research Affiliate Speaker
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Visit by Sir Jonathan Phillips

The Forum on Contemporary Europe designed and sponsored this meeting as part of its series on global conflict, and peace and reconciliation.  This session was conducted as a high level, by-invitation discussion to bring together policy leaders and FCE Research Affiliates aimed to consider the potential benefit of Stanford research on conflict and negotiation for the continuing process of peace and reconciliation in Northern Ireland.  The meeting included the UK Permanent Secretary for Northern Ireland, with Stanford faculty and FSI/FCE Research Affiliates including

  • Helen Stacy, Principal Investigator, Project on Human Rights
  • Allen Weiner, Co-Director, Stanford Center for International Conflict Negotiation,
  • Byron Bland, Co-Director, Stanford Center for International Conflict Negotiation, and
  • Roland Hsu, Assistant Director, Stanford Forum on Contemporary Europe. 

Also participating were Robin Newman, UK Vice Consul Political, Press and Public Affairs, and Andy Pike, UK Consul for Northern Ireland in Washington, D.C.  Also invited were a select group of post-graduate scholars currently engaged in research with policy implications on human rights, global justice, and international law.

The meeting addressed multiple engagement and intervention strategies, including using the office of the Permanent Secretary with his deep knowledge of historically contested issues and parties, as well as appealing to international mediation from offices including the European Court of Justice and Court of Human Rights.  Participants also discussed possible lessons to be drawn from this peace process for long-standing conflicts in settings such as Darfur, Sri Lanka, and Sub-Saharan and Southern Africa.

The Forum on Contemporary Europe expresses its appreciation for the Office of the UK Consul General in San Francisco co-sponsorship for this event.

Forum on Contemporary Europe

Sir Jonathan Phillips UK Permanent Secretary for Northern Ireland Speaker
Panel Discussions

Defining the Crime of Aggression

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Beth Van Schaack is Associate Professor of Law with Santa Clara University School of Law, where she teaches and writes in the areas of human rights, transitional justice, international criminal law, public international law, international humanitarian law, and civil procedure. 

Prof. Van Schaack joined the law faculty from private practice at Morrison & Foerster LLP where her practice focused on international law, commercial law, criminal defense, and human rights. Prior to entering private practice, Prof. Van Schaack was Acting Executive Director and Staff Attorney with The Center for Justice & Accountability, a non-profit law firm in San Francisco dedicated to the representation of victims of torture and other grave human rights abuses. She was also a law clerk with the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia.  

Encina Ground Floor Conference Room

Beth Van Schaack Visiting Scholar Speaker CDDRL
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Human Trafficking

In 2011, the Program on Human Rights (PHR) launched its research initiative on human trafficking to address the main challenges and generate new knowledge on this issue of international concern. Working in collaboration with Stanford faculty and students, this project builds on research underway across the university to create a forum on human trafficking. The goal is to produce collaborative research and policy recommendations to better address the multiple dimensions of human trafficking.

Honorable Survivor: Mao's China, McCarthy's America and the Persecution of John S. Service

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Lynne Joiner, author of Honorable Survivor: Mao's China, McCarthy's America and the Persecution of John S. Service will discuss and read from her new book, available October 7, 2009.

John Stewart Service (3 August 1909 - 3 February 1999) was an American diplomat who served in the Foreign Service in China prior to and during World War II. Considered one of the State Department's "China Hands," he was an important member of the Dixie Mission to Yan'an. Service correctly predicted that the Communists would defeat the Nationalists in a civil war, but he and other diplomats were blamed for the "loss" of China in the domestic political turmoil following the 1949 Communist triumph in China. In the immediate postwar years, Service was indicted in the Amerasia Affair in 1945, of which a Grand Jury cleared him of wrongdoing.  In 1950 U.S. Senator Joseph McCarthy launched an attack against Service, which led to investigations of the reports Service wrote while stationed in China. Secretary of State Dean Acheson fired Service, but in 1957 the U.S. Supreme Court ordered his reinstatement in a unanimous decision.

Notable reviews:

"Sometimes a writer can use one person's story to illuminate an entire piece of history, and that is what Lynne Joiner does in her engrossing and readable book. . . . This is both a solid addition to scholarship of the Cold War era and the moving, very personal story of the life of one man: brilliant, flawed, long suffering, and honorable indeed."

-Adam Hochschild, author of King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa 

"Joiner ably tells the tragic story of a good American laid low by the basest kind of character assassination masquerading as anti-Communism. All one can say is: 'Read this book and weep!"

-Orville Schell, Director of the Center for US-China Relations, Asia Society.

"Jack Service's experiences in wartime China and postwar America are an exciting tale with important resonances for current foreign policy challenges in countries like Afghanistan, Iraq, Pakistan, and Iran as well as U.S.-China relations. I can't wait to see the movie."

-Susan L. Shirk, former Deputy Assistant Secretary of State (1997-2000); currently Director, University of California Institute on Global Conflict and Cooperation, U.C.-San Diego

‘This maelstrom of political intrigue, with Service at the center, is presented in well-documented and engaging detail. It is critical reading for anyone concerned with China policy and an instance of Congress and the FBI subverting justice."

-Richard H. Solomon, former Assistant Secretary of State for East Asian and Pacific Relations; currently President of the U.S. Institute of Peace 

"Honorable Survivor is the gripping tale of one man's extraordinary life in wartime China and the Kafkaesque era of McCarthyism in America. Lynne Joiner does a masterful job of using new materials to illuminate how personal decisions, great historical forces, and the actions of vindictive and overzealous officials shaped developments in China, the United States, and U.S.-China relations in ways that have yet to be fully resolved."

-Thomas Fingar, former U.S. Deputy Director of National Intelligence for Analysis; currently lecturer at Stanford University 

"Jack Service did not lose China.  On the contrary, he was a hero of the times. . . . This well-written and thoroughly researched book . . . helps us understand the machinations and failures of U.S.-China policy, on both the American and Chinese sides."

-Victor Hao Li, former President, East-West Center, Honolulu, and former Shelton Professor of International Law, Stanford Law School

Lynne Joiner is an Emmy award-winning broadcast journalist, news anchor, and documentary filmmaker. Her work has included assignments for CBS, NBC, ABC, CNN, NPR, Christian Science Monitor Radio, Newsweek, and Los Angeles Times Magazine. She lives in San Francisco, California.

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Lynne Joiner Media Consultant Speaker Shanghi International TV Channel
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