International Law
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Abstract: This project looks at the politics of accountability for mass atrocities. In it, I ask why post-atrocity governments often put in place institutions (for instance, kangaroo courts, or powerless investigative commissions) that superficially resemble accountability mechanisms but lack the capacity to deliver justice. I theorize the creation of these institutions as an example of a broader pattern in human rights behavior, which I call “quasi-compliance”. I argue that because international enforcement of human rights norms is uneven, there’s an incentive to gamble on doing just enough to escape penalty. I test this theory on an original cross-national dataset of mass atrocities committed between 1970 and 2014. I find that the characteristics of post-atrocity governments that deliver justice and those that create quasi-compliant accountability institutions are very different. While robust trials and truth commissions are only pursued when domestic politics favors it, quasi-compliant institutions are put in place to deflect international censure for failure to abide by the global accountability norm requiring criminal prosecutions for mass atrocities. I trace the mechanisms underlying quasicompliance in two qualitative case studies, drawing on several months of fieldwork in Sri Lanka and Democratic Republic of the Congo.

About the Speaker: Kate Cronin-Furman is a human rights lawyer (J.D. Columbia, 2006) and political scientist (Ph.D. Columbia, 2015). Her research focuses on the interaction between international norms and politics. Her work has appeared in the International Journal of Transitional Justice, The Washington Post's "Monkey Cage" blog, The AtlanticThe National Interest, and The New York Times.

Kate Cronin-Furman
Seminars
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In this talk, Wellington Shih will provide a historical and legal overview of the Republic of China’s territorial claims in the South China Sea. He will also review the latest developments in the ongoing dispute between the People’s Republic of China, the ROC on Taiwan, and other claimants in the region, including the Philippines, and discuss the South China Sea Peace Initiative proposed by the administration of President Ma Ying-jeou. 

The Possible Approaches for Defusing Tensions in the South China Sea: A Taiwanese Perspective
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Visiting scholar Ministry of Foreign Affairs, Republic of China (Taiwan)
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Authors
Steve Fyffe
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Today’s landmark deal between six world powers and Iran, which would limit Iran’s nuclear program in exchange for lifting economic sanctions, was an important step toward stopping Iran from building a nuclear bomb.

However, the key challenge for the international community will be making sure Iran keeps its part of the bargain, according to Stanford experts.

“Both sides have made a series of compromises that will help Iran’s economy in exchange for constraining its nuclear capabilities – and that’s a deal worth making, in my view,” said Scott Sagan, the Caroline S.G. Munro professor of political science and senior fellow at the Center for International Security and Cooperation.

“Iran will still have a technical capability to develop nuclear weapons, given the technology and materials that they have, but under this deal it will both take them a much longer period of time and would require them to take actions that would be easily discerned by the International Atomic Energy Agency, so it constrains their break-out capabilities in important ways.”

[[{"fid":"219719","view_mode":"crop_870xauto","fields":{"format":"crop_870xauto","field_file_image_description[und][0][value]":"","field_file_image_alt_text[und][0][value]":"","field_file_image_title_text[und][0][value]":"Final plenary session at the United Nations Office in Vienna, Austria. Photo credit: U.S. State Department","field_credit[und][0][value]":"","field_caption[und][0][value]":"","field_related_image_aspect[und][0][value]":"","thumbnails":"crop_870xauto","pp_lightbox":false,"pp_description":false},"type":"media","attributes":{"title":"Final plenary session at the United Nations Office in Vienna, Austria. Photo credit: U.S. State Department","width":"870","style":"width: 400px; height: 266px; float: right; margin-left: 15px","class":"media-element file-crop-870xauto"}}]]The U.S.-led negotiations also included fellow United Nations Security Council members Britain, China, France, and Russia, as well as Germany – a group known collectively as as the "P5+1."

Sig Hecker, former Los Alamos National Laboratory director and senior fellow at Stanford’s Center for International Security and Cooperation, said the nuclear deal was “hard-won and is better than any other reasonably achievable alternative.”

“Iran agreed to considerably greater restrictions on its program than what I thought was possible before the Joint Plan of Action was signed in November 2013,” said Hecker.

Abbas Milani, director of Iranian studies at Stanford and an affiliate at the Center for Democracy Development and the Rule of Law, called it the “least bad deal” for both Iran and the international community.

“Nobody gets everything they want,” Milani said. “Every side gets some of what they want.”

Under the deal, Iran would be allowed to continue to enrich uranium for peaceful purposes in its energy and health industries.

But it would have to reduce the number of its centrifuges from 19,000 to 6,000, and cut its stockpile of low enriched uranium down from more than 20 thousand pounds to about 660 pounds.

“Reducing that stockpile actually lengthens the breakout time more than any other measure,” said Hecker.

These limits were designed to increase the “breakout time” it would take for Iran to produce enough fissile material to make a nuclear weapon from the current two to three months, to one year over a period of the next 10 years.

The agreement still faces a series of political hurdles before it gets implemented, and will face tough scrutiny from a Republican-controlled U.S. Congress, as well as the parliaments of European countries that were parties to the talks.

“I think it’s going to be hard for the U.S. Congress and [European] parliaments to kill the deal and be perceived as the ones who would rather have a war than give diplomacy a chance,” said Thomas Fingar, distinguished fellow at the Freeman Spogli Institute for International Studies.

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“The key is going to be the effectiveness of the verification procedures and IAEA access,” Fingar said.

“There’s an element of trust, but a far more important part is the rigorous verification protocols.”

As soon as the IAEA confirms that Iran is abiding by the terms of the agreement, economic sanctions can be lifted.

Sagan warned that the international community should not be surprised if Iran pushed the limits of the agreement, and should be ready to reimpose economic sanctions if Iran violated the deal.

“We should anticipate that Iranian opponents to the agreement will try to stretch it and do things that are potential violations and that we have to call them on that, and not treat every problem that we see as unexpected,” said Sagan.

“We should anticipate such problems and be ready, if necessary, to reimpose sanctions. Having the ability to reimpose sanctions is the best way to deter the Iranians from engaging in such violations.”

But Hecker said the international community should focus on incentivizing Iran.

“The best hope is to make the civilian nuclear path so appealing – and then successful – that Tehran will not want to risk the political and economic consequences of that success by pursuing the bomb option,” he said.

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The negotiations were a diplomatic balancing act, with serious consequences for both sides of the negotiations if they failed to reach an agreement.

Iran faced the threat of military action if it continued to press forward with its nuclear program.

While Russia and China had both signaled that they were likely to abandon the sanctions regime if talks fell apart.

One of the key challenges to reaching an agreement was “finding a language that would allow both parties to declare victory”, according to Milani.

“Iran has clearly made some very substantive concessions, but Iran has also been allowed to keep enough of its infrastructure so that it can declare at least partial victory for the domestic political audience."

Now the scramble is on in Tehran to claim credit for the deal.

Reformists, led by current Iranian President Hassan Rouhani and former president Akbar Hashemi Rafsanjani, hope it will strengthen their hand as they head into the next election.

On the other side of the political spectrum, conservatives believe it could give them the edge in the battle to succeed Ayatollah Ali Khamenei as Iran’s Supreme Leader.

“They understand that whoever gets the credit for this will be in a much better position to determine the future leadership and future direction of Iran’s foreign policy,” said Milani.

It’s too early to tell what impact the agreement might have on Iran’s foreign policy, which is often at odds with U.S. interests in hot spots like Iraq, Syria, Yemen and Afghanistan. But Sagan said today’s deal was an important step in making sure that future conflicts with Iran don’t go nuclear.

“Hopefully those disagreements will be played out without the shadow of nuclear weapons hanging over the future, and that’s a good thing.”

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Abstract

The Trans-Pacific Partnership (TPP) is widely regarded as the economic component of the US strategy of “rebalance” to Asia. As a major trading partner of many of the founding members, Taiwan has obvious economic and security interests at stake and is therefore seeking to join the TPP in the next round. But an overlooked aspect of the TPP for Taiwan is its potential impact on sovereignty. Trade agreements provide a revealing window into the evolving conceptions of modern sovereignty. The way Taiwan’s unique form of statehood and international status is defined in trade agreements could strengthen its position under international law and contribute to its national security. This talk will consider how Taiwan was defined as a sui generis legal entity in its application to join the World Trade Organization (WTO) and as a party to the Cross-Straits Economic Cooperation Framework Agreement (ECFA), with lessons for future negotiations to join the TPP.   

 

Speaker Bio

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Joseph Yen-ching Chao
Joseph Yen-ching Chao is an Executive Officer in the Department of International Cooperation and Economic Affairs. A member of Taiwan’s Ministry of Foreign Affairs (MOFA) diplomatic corps since 2005, he has previously served as a German-language interpreter for the Presidential Office, an officer in the Department of Treaty and Legal Affairs, and as a deputy secretary of Taiwan’s permanent mission to the World Trade Organization in Geneva, Switzerland.  He holds an LL.M. from Ruprecht-Karls University in Heidelberg and a Doctor juris from Albert-Ludwige University, Frieberg, Germany. Dr. Chao is in residence at Stanford from May-July 2015, where his research examines Taiwan’s prospects for entry into the Trans-Pacific Partnership (TPP).

 

This event is hosted by the Taiwan Democracy Project.

TPP and Taiwan
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Joseph Yen-ching Chao Visiting Fellow Ministry of Foreign Affairs, Republic of China (Taiwan)
Seminars
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Due to the high interest in this event, we have moved it to a larger room.  It is now in the Oksenberg Conference Room, Encina Hall, 3rd floor.

 

The February Minsk II agreement introduced a fragile ceasefire in eastern Ukraine, following a year of crisis and conflict between Kyiv and Moscow.  Ukrainian President Poroshenko needs to grapple with a daunting list of critical economic and political reforms.  Russian President Putin, however, appears intent on destabilizing the Ukrainian government and has the means, including military force, to do so.  What can we expect next in the Ukraine-Russia stand-off, and how should the West respond?

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Steven Pifer

 

Steven Pifer is a senior fellow at the Brookings Institution, where his work focuses on arms control, Ukraine and Russia. A retired Foreign Service officer, his more than 25 years with the State Department included assignments as deputy assistant secretary of state with responsibilities for Russia and Ukraine (2001-2004), ambassador to Ukraine (1998-2000), and special assistant to the president and senior director for Russia, Ukraine and Eurasia on the National Security Council (1996-1997).

 

Co-sponsored by the Freeman Spogli Institute for International Studies and The Europe Center.

Steven Pifer Senior Fellow Speaker the Brookings Institution
Lectures
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Abstract:

In July and August, hostilities in the Gaza Strip left 2,131 Palestinians and 71 Israelis dead, including 501 Palestinian children and one Israeli child. Of Gaza’s 1.8 million residents, 475,000 are living in temporary shelters or with other families because their homes have been severely damaged. The extent of destruction has raised questions around culpability for war crimes on all sides of the conflict. International organizations including the United Nations Human Rights Council, Amnesty International and Human Rights Watch have called for independent investigation. At the end of 2014, Palestine deposited a 12(3) application to the ICC for ad-hoc jurisdiction as well as acceded to the Rome Statute, thus granting the International Criminal Court the authority to investigate war crimes conducted in Palestinian territory. Such an investigation would bring both Israel and Palestine under scrutiny for events from this summer and as far back as 2012, and possibly to 2002 when the ICC was first formed to investigate war crimes. This is the third large scale military offensive against the besieged coastal enclave since Israel’s unilateral disengagement in 2005. Given the shortcomings of the ceasefire on August 26, 2014, another attack is seemingly inevitable. How is such civilian carnage possible notwithstanding the humanitarian and human rights legal regimes established to reduce civilian suffering? And what are the prospects for accountability under international criminal law and beyond? This lecture will explore these questions and specifically the prospects for accountability at the ICC. 


Speaker Bio:

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Noura Erakat is a human rights attorney, activist, and an Assistant Professor at George Mason University. Her scholarship investigates the laws of war, human rights, refugee law, and national security. She is a Co-Editor of Jadaliyya, an electronic magazine that leverages scholarly expertise and local knowledge on the Middle East. She has taught International Human Rights Law and the Middle East at Georgetown University since Spring 2009 and before beginning at George Mason University, she was a Freedman Teaching Fellow at Temple University, Beasley School of Law. She has served as Legal Counsel for a Congressional Subcommittee in the House of Representatives, chaired by Congressman Dennis J. Kucinich. She helped to initiate and organize several national formations including Arab Women Arising for Justice (AMWAJ) and the U.S. Palestinian Community Network (USPCN). While an undergraduate student at UC Berkeley, Noura helped launch the first university divestment campaign at UC Berkeley in 2001 and upon graduating from Berkeley Law School, she helped seed BDS campaigns throughout the country uas the National Organizer with the US Campaign to End the Israeli Occupation. There, she also helped initiate federal lawsuits in the U.S. against Israeli officials in for war crimes and crimes against humanity. She has lived and worked throughout the Middle East including as part of a legal fact-finding delegation to the Gaza Strip in the aftermath of Israel’s Winter 2008/09 onslaught and spent the Spring 2010 academic semester in Beirut, Lebanon as a Visiting Scholar at the American University in Beirut.  Noura has appeared on PBS News Hour, BBC World Service, NPR’s “To The Point,” MSNBC's "Up With Chris Hayes," Fox’s “The O’ Reilly Factor,” NBC’s “Politically Incorrect,” Democracy Now, and Al-Jazeera Arabic and English. Her non-scholarly publications have appeared in the New York Times, USA Today, the Los Angeles Review of Books, The Nation, Huffington Post, and Foreign Policy among others.  Most recently, she co-published an anthology entitled Aborted State? The UN Initiative and New Palestinian Junctures. 

 

This event is co-sponsored by the Sohaib and Sara Abbasi Program in Islamic Studies.

 


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Okimoto Conference Room
3rd Floor East Wing
Encina Hall
616 Serra Street
Stanford, California 94305

Noura Erakat Assistant Professor George Mason University
Seminars
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Abstract: In contemporary political science, many believe that normative restrictions on armed conflict are an outgrowth of Western culture and the Judeo-Christian just war tradition.  Drawing on historical evidence that shows that political actors in Ancient China and the early Islamic empire endorsed civilian protection rules, I claim that such norms are more common than most IR theorists suppose.  For IR theory, this raises an important puzzle: how can we explain why similar normative ideas emerged in human societies that are otherwise very different?  Building on research in cognitive science, social psychology, and social neuroscience, I argue that most people have natural cognitive and emotional predispositions that bias the emergence and transmission of cultural norms that protect non-combatants.  More specifically, capacities for perspective-taking and empathy shape how people interpret the limits of their moral commitments, and when these capacities are engaged, intuitional heuristics affect how they judge the morality of killing in war.  What is more, I claim that three key contextual variables modulate the connection between innate moral intuitions and the development of civilian protection norms: (1) societal interdependence; (2) the dispersion of power in ways that increase the agency of potential non-combatants; and (3) the creation of norms in argumentative contexts that require more impartial moral reasoning.  I argue that rationalist and constructivist theories of norm emergence will be able to better articulate the cross-cultural timing of emergence, the durability, and historical trajectory of the norms of war by incorporating this naturalistic theory of moral cognition.

About the Speaker: David Traven joined CISAC as a MacArthur Nuclear Security Fellow in July 2014. He received his PhD. in Political Science at Ohio State University in 2013. From January 2013 to June 2014 he was a Visiting Assistant Professor of Political Science at Kenyon College. His research examines the evolution of the law and ethics of war in international relations, and he is particularly interested in understanding how moral cognition and emotion shape the creation of norms that protect the victims of armed conflict, especially civilians. Dr. Traven is currently working on a book manuscript that examines how moral intuitions influence the creation and the effectiveness of the norms of war across cultures.

Encina Hall (2nd floor)

CISAC
Stanford University
Encina Hall, E210
Stanford CA 94305-6165

(650) 724-5687 614-961-9670
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MacArthur Nuclear Security Postdoctoral Fellow
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PhD

David Traven joined CISAC as a MacArthur Nuclear Security Fellow in July 2014. He received his PhD. in Political Science at Ohio State University in 2013. From January 2013 to June 2014 he was a Visiting Assistant Professor of Political Science at Kenyon College. His research examines the evolution of the law and ethics of war in international relations, and he is particularly interested in understanding how moral cognition and emotion shape the creation of norms that protect the victims of armed conflict, especially civilians. Dr. Traven is currently working on a book manuscript that examines how moral intuitions influence the creation and the effectiveness of the norms of war across cultures.

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David Traven MacArthur Nuclear Security Postdoctoral Fellow Speaker CISAC
Seminars
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