Prospects for a Regional Human Rights Court in Southeast Asia
Carolyn A. Mercado is a senior program officer with The Asia Foundation in the Philippines. In this position she manages the Law and Human Rights program. She assists in the development, implementation, monitoring, and evaluation of other selected activities within the Foundation's Law and Governance program and handles mediation and conflict management, and other forms of dispute resolution processes. She has also served as a temporary consultant to the Asian Development Bank on the Strengthening the Independence and Accountability of the Philippine Judiciary project and the Legal Literacy for Supporting Governance project.
Prior to joining the Foundation, Ms. Mercado was an intern with the Center of International Environmental Law in Washington. Previously, she served consultancies in Manila for the World Bank, the United Nations Development Programme, the International Maritime Organization, NOVIB, and the Philippines Department of Environment and Natural Resources. She has served as lecturer on environmental law at Ateneo de Manila University, San Sebastian College of Law, and the Development Academy of the Philippines. She also previously served as executive director of the Developmental Legal Assistance Center, corporate secretary of the Alternative Law Groups, and as a legal aide to a member of the Philippine Senate.
Education: B.A. in political science from the University of the Philippines; LL.B. from the University of the Philippines College of Law. She was also a Hubert Humphrey Fellow in international environmental law, University of Washington and a European Union Scholar in environmental resource management, Maastricht School of Business in the Netherlands.
CO-SPONSORED BY SEAF
Encina Ground Floor Conference Room
Development, Democracy and Welfare States: Latin America, East Asia and Eastern Europe
Stephan Haggard is the Lawrence and Sallye Krause Distinguished Professor at the Graduate School of International Relations and Pacific Studies (IR/PS) at the University of California, San Diego (UCSD). He is the author of Pathways from the Periphery: the Political Economy of Growth in the Newly Industrializing Countries (1990) and The Political Economy of the Asian Financial Crisis (2000) and co-author of The Political Economy of Democratic Transitions (1995 with Robert Kaufman), Famine in North Korea: Markets, Aid and Reform (with Marcus Noland, 2007) and Development, Democracy and Welfare States: Latin America, East Asia and Eastern Europe (with Robert Kaufman, 2008). He is currently working on a second volume on North Korea with Marcus Noland entitled North Korea Opens and a project on Robert Kaufman on inequality and politics.
His scholarly articles have appeared in International Organization, World Politics, Comparative Politics, The Journal of Asian Studies, Latin American Research Review, Comparative Political Studies, World Development, Studies in Comparative International Development and The Journal of Democracy. His commentary has appeared in a number of outlets, including The Washington Post, International Herald Tribune, and Newsweek.
Encina Ground Floor Conference Room
When the People Speak: Deliberative Democracy and Public Consultation
All over the world, democratic reforms have brought power to the people, but under conditions where the people have little opportunity to think about the power that they exercise. In this book, James Fishkin combines a new theory of democracy with actual practice and shows how an idea that harks back to ancient Athens can be used to revive our modern democracies. The book outlines deliberative democracy projects conducted by the author with various collaborators in the United States, China, Britain, Denmark, Australia, Italy, Bulgaria, Northern Ireland, and in the entire European Union. These projects have resulted in the massive expansion of wind power in Texas, the building of sewage treatment plants in China, and greater mutual understanding between Catholics and Protestants in Northern Ireland. The book is accompanied by a DVD of "Europe in One Room" by Emmy Award-winning documentary makers Paladin Invision. The film recounts one of the most challenging deliberative democracy efforts with a scientific sample from 27 countries speaking 21 languages.
Gurgaon and Faridabad - An Exercise in Contrasts
There is a general sense that the legal system in India is inefficient. First, there is over-legislation and unnecessary State intervention, both in the form of statutes and administrative law (rules, regulations, procedures). This increases non-transparency and contributes to rent-seeking, which is not distributionally neutral, because the relatively poor tend to suffer more. Second, over-legislation exists simultaneously with under-governance, because laws aren't enforced and the dispute resolution system, including enforcement of contracts, isn't credible.
Reforming legal institutions is not only a desirable end in itself, it also has the byproduct of adding to GDP growth. While these points are unassailable, most empirical work on documenting inefficiencies of the Indian legal system is fraught with problems. For a start, cross-country comparisons tend to be overly simplistic, ignoring the specifics of the legal regime and the context within which the country is situated. In addition, legal indicators used, even when they are not cross-country, tend to be too macro and aggregate and are indiscriminately used. For instance, data collected for Hyderabad are applied to all of Andhra Pradesh. This paper adopts a different approach. It draws contrasts between Gurgaon and Faridabad, districts (and towns) not only located within the same State, but also districts with similar historical and geographical backgrounds. This enables one to control for many variables that cause different trajectories of legal and economic development within and across countries. The paper then seeks to explain the differential growth in these two geographical regions through differences in the legal land regimes.
Distribution of Highways Public Private Partnerships in India: Key Legal and Economic Determinants
Private sector participation and private investment have become the mainstay of the Government of India's policy toward infrastructural development. The success of the ongoing eleventh five-year plan critically depends on the success of Public Private Partnerships (PPPs) in infrastructure. Moreover, several state governments are also trying to attract PPPs for the provision of public goods.
In this paper, we have studied the performance of the Public Private Partnerships (PPPs) programme of Government of India, for development of highways and expressways. The focus of the study is on the following questions: Why have some projects attracted private investment while others have not? Why only a few states have attracted PPPs, while some others have completely failed to do so? We have also discussed some other issues related to the PPP policy and its limited success. We have provided a set of legal and economic variables that explain the skewed distribution of PPPs across projects as well as across the states. We have shown that the richer states have attracted more PPPs than the poorer ones. Besides, the probability of PPP is higher for projects located on national highways connecting richer states, and those located closer to mega cities. Moreover, ceteris paribus, the quality of governance, in terms of the level of property rights protection, in a state is also a significant explanatory variable. Empirical evidence in support of these claims is conclusive and robust. In the light of our findings, we have answered the following additional questions: Is PPP a viable and desirable public policy for development of infrastructure in poor states? What are the lessons emerging from the Indian experience with PPPs so far? Our dataset includes all of the highway and expressway projects that have been or are being developed as a part of the National Highways Development Project (NHDP).
Bethany Lacina
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"The Origins of Political Violence: Language Groups and Civil Conflict in India, 1947-2008"
Draper Hills Summer Fellows on Democracy and Development complete training
Rising leaders from some of the world’s most complex and challenging nations, including China, Russia, Ukraine, Iraq, Kenya, Nigeria, South Africa, and the Democratic Republic of the Congo, have just completed a three-week seminar at Stanford as Draper Hills Summer Fellows on Democracy and Development. This year’s extraordinary class of fellows included members of parliament, government advisors, civic activists, leading jurists, journalists, international development experts and founders of non-governmental organizations (NGOs).
Each year, several hundred applicants apply to FSI’s Center on Democracy, Development, and the Rule of Law (CDDRL), the convener of the program, for the 26-28 slots available to study and help foster linkages among democracy, economic development, human rights, and the rule of law. Now in its fifth year, the program has received generous gifts from William Draper III, a Silicon Valley entrepreneur, in honor of his father, Maj. Gen. William H. Draper, Jr., a chief advisor to Gen. George Marshall and chief diplomatic administrator of the Marshall Plan in Germany, and Ingrid von Mangoldt Hills, a former journalist, in honor of her husband, Reuben Hills, a leading San Francisco philanthropist and president and chairman of the board of Hills Bros. Coffee.
Draper Hills Summer Fellows are innovative, courageous, and committed leaders, who strive to improve governance, enhance civic participation, and invigorate development under very challenging circumstances," said CDDRL Director Larry Diamond. “This year’s fellows were absolutely extraordinary, learning from us we hope, but also teaching all of us about the progress they are making and the obstacles they confront in a diverse set of countries. We were not only sobered by the difficulties they must address on a daily basis but also uplifted by their accounts of programs that are working to deepen democracy, improve government accountability, strengthen the rule of law, energize civil society, and enhance the institutional environment for broadly shared economic growth.”
The three-week seminar is taught by an all star faculty, which in addition to Diamond, includes CDDRL Deputy Director Kathryn Stoner, Stanford president emeritus and constitutional law expert Gerhard Casper, FSI Deputy Director and political science professor Stephen D. Krasner, Erik Jensen and Allen S. Weiner from the Stanford law school, Avner Greif from the Department of Economics, Peter Henry from the Graduate School of Business, FSI Senior Fellow Helen Stacy, former FSI Director and current Program on Food Security and the Environment deputy director Walter P. Falcon, Mark C. Thurber, acting director of FSI’s Program on Energy and Sustainable Development, and Nicholas Hope, director of the Stanford Center on International Development.
Other leading experts and practitioners who engaged the fellows included democracy and governance expert Francis Fukuyama, who joins CDDRL as Olivier Nomellini Senior Fellow in July 2010, National Endowment for Democracy President Carl Gershman, United States Court of Appeals Judge Pamela Rymer, International Center on Nonviolent Conflict founding chair Peter Ackerman, the center’s president, Jack DuVall, former Peruvian president Alejandro Toledo, and former Secretaries of State George Shultz and Condoleezza Rice.
Faculty devoted the first week of the seminar to defining the fundamentals of democracy, good governance, economic development, and the rule of law, and in the second week turned to the issue of transitions and the feedback mechanisms between democracy, development, and a predictable rule of law. The third week examined the critical – and often controversial – role of international assistance to foster and support democracy, judicial reform, and economic development, including the proper role of foreign aid.
Against this backdrop, fellows emphasized domestic imperatives for fostering growth, social inclusion, and transformation, centering on the importance of political will and sound institutions. In session after session, they wrestled with the concrete and all too common impediments to progress—from corruption, cronyism, and authoritarian regimes, to the fragility of conflict-ridden, multi-ethnic polities. As an activist from strife-torn Iraq said, “Democracy is not just a way of governing. It is a way of living, a way of thinking about life.”“Democracy is not just a way of governing. It is a way of living, a way of thinking about life”
In spirited debates, in the formal seminar sessions and beyond the classroom to the Munger residence where the fellows stayed, the fellows stressed how they had all taught and learned from each other. A rising leader from South Africa aptly summarized, “We have dispelled each other’s myths.”
As the Draper Hills Fellows expressed their profound gratitude to their faculty and mentors, they reinforced the importance of staying in touch through a virtual online community – a “common space” as defined by a member of parliament from Ukraine, that would let them look forward and look back, perhaps a decade from now, at case studies of success and failure, and the all important roles that political will and leadership played in determining outcomes. “Stay tuned,” said Diamond and Stoner-Weiss. “Important lessons are still to come.”
Promoting Democracy and the Rule of Law: American and European Strategies
European and American experts systematically compare U.S. and EU strategies to promote democracy around the world -- from the Middle East and the Mediterranean, to Latin America, the former Soviet bloc, and Southeast Asia. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion.