Human Rights
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Alexandra Huneeus recently completed her dissertation entitled "The Dynamics of Judicial Passivity: Chilean Court Deference in an Age of Judicial Power," under the direction of Bob Kagan, Martin Shapiro and Gordon Silverstein. As a post-doctoral fellow at CDDRL, she is currently working on turning her dissertation into a book manuscript. This research seminar Ms. Huneeus will discuss her theoretical propositions about the role of judicial deference in the Chilean case and in democratic transitions more generally. She holds a BA, JD, and now PhD from Berkeley.

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Alexandra Hunneus Post-doctoral Fellow Speaker CDDRL
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New to FSI, the Program on Global Justice aims to bring normative ideas from moral and political philosophy into discussions about human rights, global governance, and access to basic goods, and at the same time to ensure that normative discussions of these issues are informed by the best current social-scientific and policy thinking. The program is directed byJoshua Cohen, professor of political science, philosophy, and law who has just moved from MIT to Stanfor d. The program has three visitors this academic year: Adam Hosein and Helena De Bres, both PhD students in philosophy from MIT writing dissertations on issues related to global justice, and Laurence Simon, professor and director, Sustainable International Development Programs and associate dean for Academic Planning at Brandeis' Heller School (winter and spring quarters). The Linda Randall Meier Research Workshop on Global Justice, coordinated with the Humanities Center, meets every other Friday, 1:15-3 p.m., in Encina Hall 008.
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Luis Moreno-Ocampo was unanimously elected by the Assembly of States Parties to the Rome Statute of the International Criminal Court on April 21, 2003. Between 1984 and 1992, as a prosecutor in Argentina, Mr. Moreno-Ocampo was involved in precedent-setting prosecutions of top military commanders for mass killings and other large scale human rights abuses.

He was assistant prosecutor in the "Military Junta" trial against Army commanders accused of masterminding the "dirty war," and other cases of human rights violations by the Argentine military. Mr. Moreno-Ocampo was the prosecutor in charge of the extradition from investigation and prosecution of guerrilla leaders and of those responsible for two military rebellions in Argentina. He also took part in the case against Army commanders accused of malpractice during the Malvinas/Falklands war, as well as in dozens of major cases of corruption.

In 1992, Mr. Moreno-Ocampo resigned as Chief Prosecutor of the Federal Criminal Court of Buenos Aires, and established a private law firm, Moreno-Ocampo & Wortman Jofre, which specializes in corruption control programs for large firms and organizations, criminal and human rights law. Until his election as Chief Prosecutor of the International Criminal Court, Mr. Moreno-Ocampo worked as lawyer and as Private Inspector General for large companies. He also took on a number of pro bono activities, among others as legal representative for the victims in the extradition of former Nazi officer Erich Priebke to Italy, the trial of the chief of the Chilean secret police for the murder of General Carlos Prats, and several cases concerning political bribery, journalists' protection and freedom of expression.

Mr. Moreno-Ocampo also worked with various local, regional, and international NGO's. He was the president of Transparency International for Latin America and the Caribbean. The founder and president of Poder Ciudadano, Mr. Moreno-Ocampo also served as member of the Advisory Board of the "Project on Justice in Times of Transition" and "New Tactics on Human Rights."

Mr. Moreno-Ocampo has been a visiting professor at both Stanford University and Harvard University.

Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.

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Luis Moreno-Ocampo Chief Prosecutor Speaker the International Criminal Court, the Hague
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Feisal Istrabadi is Deputy Permanent Representative of the Iraqi Mission to the United Nations, which position he has held since 2004. In 2004 he was also appointed as Ambassador Extraordinary and Plenipotentiary at the Iraqi Ministry for Foreign Affairs. As a legal advisor to the Iraqi Minister of Foreign Affairs, Mr. al-Istrabadi negotiated U.N. Security Council Resolution 1546 (June 2004). He was also a principal legal drafter of the Law of Administration of the State of Iraq for the Transitional Period, i.e. the transitional constitution of the country (2003-2004) and author of the bill of Fundamental Rights. Before engaging in the reconstruction of Iraq, Mr. al-Istrabadi had been a practicing barrister in the United States for 15 years, with approximately 70 jury and bench civil trials in federal and State courts, and numerous administrative hearings. He is a Senior Fellow for Legal Reform and Development in the Arab World, the International Human Rights Law Institute, College of Law, DePaul University, Chicago.

Ambassador Istrabadi holds a JD degree from Indiana University and a Master of Laws degree from Northwestern University.

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Feisal Istrabadi Deputy Permanent Representative to the United Nations Speaker Iraq
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Michael A. McFaul
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The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University has concluded its second year of Stanford Summer Fellows on Democracy and Development. This year's fellows - 26 outstanding civic, political, and economic leaders from 21 countries in transition - were selected from more than 800 applications.

The summer fellows program brought leaders from important, transitioning countries such as Iraq, Afghanistan, Iran, Pakistan, China, and Russia to Stanford for three weeks (this year, July 31 to August 18). The new summer fellows included presidential advisers, prominent journalists, key figures in human rights and democracy movements, academics, and representatives of international governmental and non-governmental organizations. The fellows participated in morning seminars with leading Stanford faculty, including CDDRL director Michael A. McFaul, Kathryn Stoner, Larry Diamond, Avner Greif, Erik Jensen, and Stanford President Emeritus Gerhard Casper. In the afternoons, fellows attended talks by keynote speakers and led class sessions themselves, sharing insight into how reform progressed (or failed to progress) in their home countries and exchanging ideas for positive change. This year's keynote speakers included Carl Gershman, the president of the National Endowment for Democracy; Joan Blades, co-founder of MoveOn.org; Marc Pomar, president of the International Research and Exchanges Board (IREX); and Judge Pamela Rymer, United States Court of Appeals for the Ninth Circuit.

The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University's Freeman Spogli Institute for International Studies (FSI) seeks to promote innovative and practical research to assist transitioning countries design and implement policies that will foster democracy, promote balanced and sustainable growth, and advance the rule of law. It supports specialized teaching, training, and outreach to assist countries struggling with political, economic, and judicial reform, constitutional design, economic performance and corruption.

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This paper was discussed at the Global Justice workshop on October 20, 2006.

Abstract of Richard Locke's "Beyond Corporate Codes of Conduct: Work Organization and Labor Standards in Two Mexican Garment Factories":

This paper presents a matched pair case study of two factories supplying Nike, the world's largest athletic footwear and apparel company. These two factories have many similarities - both are in Mexico, both are in the apparel industry, both produce more or less the same products for Nike (and other brands) and both are subject to the same code of conduct. On the surface, both factories appear to have similar employment (i.e., recruitment, training, remuneration) practices and they receive comparable scores when audited by Nike's compliance staff. However, actual labor conditions exist between these two factories. What drives these differences in working conditions? What does this imply for traditional systems of monitoring and codes of conduct? Field research conducted at these two factories reveals that beyond the code of conduct and various monitoring efforts aimed at enforcing it, workplace conditions and labor standards are shaped by very different patterns of work organization and human resource management policies.

About the Author

Richard Locke is professor of political science at Massachusetts Institute of Technology (MIT). He is also faculty director of the MIT Sloan Fellows program and co-director of the MIT Italy program. His research focuses on economic development, comparative labor relations, and political economy.

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This paper was discussed at the Global Justice workshop on November 3, 2006.

Abstract of Seema Jayachandran's "Applying the Odious Debts Doctrine while Preserving Legitimate Lending":

Odious debts are debts incurred by the government of a nation without either popular consent or a legitimate public purpose. While there is some debate within academic circles as to whether the successor government to a regime which incurred odious debts has the right to repudiate repayment, in the real world this is currently not an option granted legitimacy either by global capital markets or the legal systems of creditor states. There are compelling reasons to reform the law of odious debts to allow for such a repudiation in citizens of a tyrant to repay their oppressor's personal debts, but the burden of odious-debt servicing can perpetuate the cycle of state failure which has direct national security consequences. In addition, a properly designed odious debt reform could function as an alternative sanctions mechanism to trade sanctions with fewer harmful implications for the general population of the targeted state. Classical proponents of odious debt reform advocate for recognition of a legal rule under which successor governments could challenge the validity of debts incurred by prior regimes against the odious debt legal standard in a judicial-style forum. We make the case for an alternative "Due Diligence" model of reform which provides far greater ex ante certaining for lenders both as to which investments from subsequent invalidation. The Due Diligence Model also solves certain time-consistency problems inherent to the Classical model.

About the Author

Seema Jayachandran is assistant professor of economics at Stanford University. She received her PhD in economics from Harvard University. She specializes in development economics, labor economics, and political economy.

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Is there a human right to democracy? My answer, in brief, is ‘no’. Five interconnected claims will play a role in my argument for this conclusion:

  1. Justice requires democracy.
  2. Human rights are a proper subset of the rights founded on justice: so a society that fully protects human rights is not ipso facto just.
  3. A conception of human rights is part of an ideal of global public reason: a shared basis for political argument that expresses a common reason that adherents of conXicting religious, philosophical, and ethical traditions can reasonably be expected to share.
  4. That conception includes an account of membership, and human rights are entitlements that serve to ensure the bases of membership.
  5. The democracy that justice requires is associated with a demanding conception of equality, more demanding than the idea of membership associated with human rights.

An underlying thought that runs through the argument is that democracy is a demanding political ideal. The thesis that there is a human right to democracy—while it may seem to elevate democracy—threatens to strip away its demanding substance.

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Oxford University Press in "The Egalitarian Conscience: Essays in Honour of G. A. Cohen"
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Joshua Cohen
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Professor Li Shian is a Professor of History and Director of American and European Studies at Beijing's Renmin University. He is the Chief Editor of the journal World History and is a Council Member of the China Society for Human Rights Studies, which he has represented at several international human rights conferences. A former Chairman of the History Department at Renmin University, Dr. Li was awarded his doctorate at the University of Birmingham in 1989, and did post-graduate work at Stanford University from July 1990 to October 1992. He is the author of several books, including A Study of American Human Rights History and A History of the Development of Western Capitalism.

Professor Li will deliver remarks on the role human rights plays in US-China relations, from a Chinese perspective. He will begin with an exposition of human rights in traditional and post-1949 China, and drawing on this, review US-China exchanges on human rights post-June 4, 1989. He will discuss different approaches for addressing what Chinese and Americans both recognize as a central if contentious issue in their relations: respect for international laws as they protect both individual and collective freedoms.

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Li Shian Professor of History and Director of American and European Studies Speaker Beijing's Renmin University
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Zachary D. Kaufman is a CDDRL pre-doctoral fellow in the academic year 2005-2006. Mr. Kaufman is completing his DPhil (PhD) in International Relations at the University of Oxford, where he is a Marshall Scholar and he is writing a dissertation on U.S. policy on the establishment of war crimes tribunals. Afterwards, he will attend Yale Law School. Mr. Kaufman is also currently co-editing (with Dr. Phil Clark) a forthcoming book on transitional justice, post-conflict reconstruction, and reconciliation in Rwanda since the 1994 genocide.

Mr. Kaufman's professional experience has focused on the investigation, apprehension, and prosecution of suspected perpetrators of atrocities, including genocide, war crimes, crimes against humanity, and terrorism. He has served at the United States Departments of State and Justice, the United Nations International Criminal Tribunals for Rwanda and the former Yugoslavia, and the International Criminal Court.

Mr. Kaufman is also the founder, president, and Chairman of the Board of Directors of the American Friends of the Kigali Public Library; co-founder and Executive Director of Marshall Scholars for the Kigali Public Library; and honorary member of the Rotary Club of Kigali-Virunga, Rwanda. Together, these three non-profit organizations are fundraising and collecting books for, raising public awareness about, and building Rwanda's first public library, the Kigali Public Library. Mr. Kaufman is also a Board Member and Senior Fellow of Humanity in Action, which, in order to engage student leaders in the study and work of human rights, sponsors an integrated set of education programs and internships for university students in Europe and the United States.

In 2004, Mr. Kaufman received his M.Phil (Master's) degree in International Relations from the University of Oxford. In 2000, Mr. Kaufman received his B.A. (Bachelor's) degree in Political Science from Yale University.

Mr. Kaufman's talk will discuss U.S. participation in establishing a UN-backed international war crimes tribunal for addressing the 1994 Rwandan genocide. The origin of the ICTR is complicated and controversial because of the number, attractiveness, and precedence of alternative mechanisms, as well as the pitfalls of establishing such a tribunal. Given the extent, recency, and persistence of atrocities, Mr. Kaufman's research is crucially relevant to academic and policy discussions in the post-9/11 world.

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Pre-doctoral Fellow 2005 - 2006
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Zachary Kaufman is currently a Juris Doctorate (JD) candidate at Yale Law School, where he is Managing Editor of the Yale Human Rights & Development Law Journal, Articles Editor of the Yale Journal of International Law, Policy Editor of the Yale Law & Policy Review, and co-founder and co-president of Yale Law Social Entrepreneurs. At the same time, Mr. Kaufman is completing his D.Phil (PhD) degree in International Relations at the University of Oxford, where he was a Marshall Scholar from 2002-05.He was a CDDRL Pre-Doctoral Fellow (2005-2006).

Kaufman's dissertation is an analysis of the U.S. government policy objectives in supporting the establishment of four war crimes tribunals: the International Military Tribunal (the Nuremberg Tribunal), the International Military Tribunal for the Far East (the Tokyo Tribunal), the United Nations International Criminal Tribunal for the former Yugoslavia, and the United Nations International Criminal Tribunal for Rwanda.

Kaufman's professional experience has focused on the investigation, apprehension, and prosecution of suspected perpetrators of atrocities, including genocide, war crimes, crimes against humanity, and terrorism. He has served at the U.S. Department of State, the U.S. Department of Justice, the UN International Criminal Tribunal for the former Yugoslavia, and the UN International Criminal Tribunal for Rwanda. Kaufman also was the first American to serve at the International Criminal Court, where he was policy clerk to the first Chief Prosecutor.

Kaufman is the founder, president, and chairman of the Board of Directors of the American Friends of the Kigali Public Library; co-founder and Executive Director of Marshall Scholars for the Kigali Public Library; and an Honorary Member of the Rotary Club of Kigali-Virunga, Rwanda. Together, these three non-profit organizations are fundraising and collecting books for, raising public awareness about, and building Rwanda's first public library, the Kigali Public Library. Kaufman is also a Board Member and Senior Fellow of Humanity in Action, which, in order to engage student leaders in the study and work of human rights, sponsors an integrated set of education programs and internships for university students in Europe and the United States.

In 2004, Kaufman received his M.Phil (Master's) degree in International Relations from the University of Oxford. In 2000, Kaufman received his B.A. (Bachelor's) degree with honors in Political Science from Yale University.

Zachary Kaufman Pre-Doctoral Fellow Speaker CDDRL
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