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On April 16, 2009, the Justice Department released four previously classified memos issued by its Office of Legal Counsel (OLC) that provided legal guidance on the permissibility of certain aggressive techniques used during the interrogation of high-ranking al Qaeda suspects. The memos examined these techniques in light of the prohibition against torture under the Convention Against Torture (Torture Convention), the U.S. criminal statute that implements the Torture Convention ("the anti-torture statute"), and the prohibition on cruel, inhuman, and degrading treatment under the Torture Convention. The release of the memos has provoked considerable discussion about possible criminal accountability for government officials who carried out interrogations or who formulated the legal guidance authorizing them. This Insight addresses questions regarding possible criminal liability for the responsible officials and some issues of state responsibility of the United States under international law.

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Policy Briefs
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American Society of International Law "Insight"
Authors
Allen Weiner
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Chin-Shou Wang is an Assistant Professor in the Department of Political Science and the Graduate Institute of Political Economy at the National Cheng Kung University in Taiwan. He has interviewed more than one hundred Taiwanese prosecutors and judges. He recently published an article on judicial independence reform in the Taiwanese Political Science Review. He is currently working on a book titled Revolt from the Bottom: Judicial Independence Reform in Taiwan.

Professor Wang obtained his MA and Ph.D. in Sociology from University of Carolina at Chapel Hill, and BS in Industrial Management from National Cheng Kung University. 

This is a CDDRL seminar within our Democracy in Taiwan Program.

Philippines Conference Room

Chin-Shou Wang Assistant Professor Speaker National Cheng Kung University
Seminars
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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.

CISAC Conference Room

Helen Stacy Senior Fellow Speaker CDDRL
Workshops
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Stephen Macedo joined the faculty of the Princeton University in 1999 as Laurance S. Rockefeller Professor of Politics. On September 1, 2001, he was appointed director of the University Center for Human Values.

Macedo studies topics in political theory, ethics, American constitutionalism and public policy, with an emphasis on liberalism and its critics, and the roles of civil society and public policy in promoting citizenship. He chairs the Princeton Project on Universal Jurisdiction, which has formulated principles of international law to guide national courts seeking to prosecute human rights violations irrespective of the nationality of the victims or alleged perpetrators. From 1999 through 2001, he served as founding director of Princeton's Program in Law and Public Affairs.

Macedo has taught at Harvard University and at the Maxwell School at Syracuse University. He earned a bachelor's degree at the College of William and Mary, master's degrees at The London School of Economics and Oxford University, and a master's degree and Ph.D. at Princeton University

Encina Ground Floor Conference Room

Stephen Macedo Politics Dept. and Director, Center for Human Values Speaker Princeton University
Workshops
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(From the introduction) For more than a decade, international lawyers and international relations scholars have been fascinated by an ever-increasing number of international courts and tribunals. These are producing more international case-law, thereby replacing the traditional scarcity of international law precedents embodied in a few celebrated ICJ and PCIJ cases. Today, there is a host of frequently highly specialized international dispute settlement mechanisms like the WTO Dispute Settlement Body, the International Tribunal for the Law of The Sea, the International Criminal Court, various investment tribunals acting under The International Centre for Settlement of Investment Disputes (ICSID) Convention or other arbitration rules. All apply, interpret and probably ‘make’ international law. One question frequently raised in this context is whether these institutions contribute to the development of a single uniform body of international law or whether they make ‘their own’ ever more fragmented law. To the extent that they must apply specifically agreed upon rules, such as the WTO agreements, various bilateral investment protection treaties or the Law of the Sea Convention, etc., this is of course largely a false problem. In so far as they rely on common rules of international law, coherence vs. fragmentation does indeed arise and is a serious issue.

Scholars of international law have intensely debated these problems mostly under the heading ‘fragmentation’ of international law or ‘proliferation’ of international courts and tribunals. Gerhard Hafner has significantly contributed to this scholarly debate in a number of articles, and most importantly in a report prepared for the International Law Commission (ILC), which triggered the Commission’s work on fragmentation and was further pursued by Gerhard Hafner’s successor on the ILC, Martti Koskenniemi.

It thus appears appropriate to dedicate a few modest thoughts about these issues to a great international lawyer with whom I have had the privilege to work at the Department of International Law and International Relations at the University of Vienna during the last twenty years. Gerhard Hafner will understand that due to the space allotted in this liber amicorum, I must limit the scope of my remarks on fragmentation and proliferation to a specific subfield of international law. He will also appreciate that the chosen field is investment law and arbitration, which, in many respects, may be viewed as a test laboratorium of international law where many of the pertinent problems mentioned above have appeared in particularly visible form.

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Martinus Nijhoff Publishers in "International Law between Universalism and Fragmentation - Festschrift in Honour of Gerhard Hafner", J. Crawford/A. Pellet/I. Buffard/S. Wittich (eds.)
Authors
August Reinisch
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Mark Fathi Massoud's research focuses on the development of law in volatile states rife with violent conflict. An attorney of the California Bar, he received his JD and PhD in Jurisprudence and Social Policy from the University of California, Berkeley, School of Law.

Massoud's current research examines tensions between international rule-of-law aid and local perceptions of rights in a divided society.

Massoud's dissertation, which he is revising into a book manuscript at Stanford, builds on the interdisciplinary tradition of law and society to examine the role of law in development. Taking Sudan as a case, it explores how government officials, civil society activists, and the international aid community all use law to construct and maintain their influence over society.

Encina Ground Floor Conference Room

UC Santa Cruz

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CDDRL Hewlett Fellow 2008-09
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Mark Fathi Massoud was a CDDRL postdoctoral fellow in 2008-2009. He holds a JD and PhD (Jurisprudence & Social Policy) from the University of California, Berkeley, and he is currently Associate Professor of Politics and Legal Studies at the University of California, Santa Cruz. Massoud's research focuses on law in conflict settings and authoritarian states, and on Islamic law and society. More information can be found at http://people.ucsc.edu/mmassoud.

 

Mark Massoud CDDRL Fellow Speaker
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José María Aznar, Prime Minister of Spain from 1996 to 2004, delivered a public lecture to an overflow crowd at Stanford University on November 17, 2008, entitled, "America and Europe After Bush." This program was sponsored jointly by the Forum on Contemporary Europe, International Law Society, and Stanford Law School.
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This program is sponsored jointly by the Forum on Contemporary Europe, International Law Society, and Stanford Law School.

José María Aznar was born in Madrid in 1953. He is:

  • Executive President of FAES Presidente Ejecutivo de FAES (The Foundation for Social Studies and Analysis).
  • Distinguished Scholar at the University of Georgetown where he has taught various seminars on contemporary European politics at the Edmund A. Walsh School since the year 2004.
  • Member of the Board of Directors of News Corporation.
  • Member of the Global Advisory Board of J.E. Robert Companies y Chairman of the Advisory Board for the Latin American division
  • Member of the International Advisory Board of the Atlantic Council of the United Status.
  • Member of the Advisory Board of Centaurus Capital
  • Advisor of Falck SPA

He became Prime Minister of Spain in 1996, following the electoral victory of the Partido Popular. With the party's subsequent electoral victory in the year 2000, this time with an absolute majority, he led the country again for a new term. His time as Prime Minister lasted up until the elections of 2004, when he voluntarily chose not to run for office again.

Throughout his two terms as Prime Minister of the Government he led an important process of economic and social reform. Thanks to various liberalisation processes and the introduction of measures to promote competition, along with budgetary controls, rationalised public spending and tax reductions, almost 5 million jobs were created in Spain. The Spanish GDP figure grew each year by more than 2%, at an average of 3.4% in fact, featuring an aggregate increase of 64% over eight years. Throughout this period, Spain's average income increased from 78% to 87% of the average income of the European Union. The public deficit decreased from an alarming 6% of GDP to a balanced budget. Furthermore, the first two reductions in income tax that democratic Spain has ever known took place during his two terms in office.

One of José María Aznar's most serious concerns is the battle against terrorism. He is in favour of a firm policy, one that is against any kind of political concession, combined with close international cooperation between democratic countries. He is a strong supporter of the Atlantic Relationship and the European Union's commitment to freedoms and economic reform.

He is the Honorary Chairman of the Partido Popular, a party he chaired between 1990 and 2004. Until the year 2006 he was the President of the Centrist Democrat International (CDI) and Vice-President of the International Democrat Union (IDU), the two international organisations that bring together the parties of the Centre, along with Liberals, Christian Democrats and Conservatives throughout the world.

He forms part of the committees of various organisations, including the committee for the initiative known as "One Laptop Per Child (OLPC)" and the International Committee for Democracy in Cuba (ICDC).

José María Aznar began his political career in the political party known as Alianza Popular, in 1979. In 1982 he was elected a Member of Parliament for Ávila. He then went on to become the Regional Chairman of Alianza Popular in Castile-Leon and the Head of the Regional Government of Castile-Leon between 1987 and 1989. In 1989, following the re-founding of the Partido Popular, he was chosen as a party candidate for Prime Minister in the general elections of 1989. The following year he was elected Chairman of the Party. He led the Partido Popular in the elections of 1993, 1996 and the year 2000. Throughout these four legislatures, he served as a Member of Parliament for Madrid. Between 1989 and 1996 he was the Leader of the Opposition.

José María Aznar graduated in law at the Complutense University. He qualified as an Inspector of State Finances in 1975.

He has written the following books: Cartas a un Joven Español (2007), Retratos y Perfiles. De Fraga a Bush (2005) ("Portraits and Profiles: From Fraga to Bush"), Ocho años de Gobierno (2004) ("Eight Years in Government"), La España en que yo creo (1995) ("The Spain I Believe in"), España: la segunda transición (1994) ("Spain: The Second Transition") and Libertad y Solidaridad (1991) ("Freedom and Solidarity").

José María Aznar has been awarded honorary doctorates by Sophia University in Tokyo (1997), Florida International University (1998), Bar-Ilan University in Israel (2005) Ciencias Aplicadas University in Perú (2006), Andrés Belló University in Chile (2006), Francisco Marroquín University in Guatemala (2006) and by Università Cattolica Sacro Cuore in Milán (2007).

He is married to Ana Botella, with whom he has three children and three grandchildren.

A video recording of this event can be viewed at: http://www.law.stanford.edu/calendar/details/2201/#related_information_and_recordings.

Stanford Law School
Room 290

José María Aznar Former Prime Minister, Spain Speaker
Lectures
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