Stanford University
Encina Hall
616 Serra Street
Stanford, CA 94305-6055

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Visiting Scholar 2007-2008
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Academic

Pontifical University Comillas, Madrid, Spain (www.upco.es): Degree in Law (1987).

Pontifical University Comillas, Madrid, Spain: Degree in Economics (1988).

Collège d'Europe, Bruges, Belgium (www.coleurop.be): LLM in Hautes Etudes Européennes, 1989.

Professor of Corporate Law, Law School, Pontifical University Comillas.

National Fellow, Hoover Institution, Stanford University, 2007-08.

Visiting Scholar, Stanford Institute for Economic Policy Research (SIEPR), Stanford University, 2007-08.

Rock Center Fellow, Stanford University, 2007-08.

Has published articles as author, co-author or co-editor in newspapers, legal reviews and books (see exhibit).

Professional

Member of the Madrid Bar Association since 1987 (www.icam.es).

Laureate lawyer of the European Commission (open competition Com A/638).

Has wide-ranging corporate and M&A experience, and specialises in private equity, antitrust, litigation and arbitration.

Partner of Ashurst (www.ashurst.com).

Founded the Spanish office of Ashurst in 2001.

Head of the Ashurst Corporate and Litigation and Arbitration departments of the Ashurst Madrid office.

Has worked in corporate, finance and contentious matters for companies like Apax Partners, Coller Capital, TA Associates, Mercapital, Barclays Bank, JP Morgan Chase Bank, Credit Suisse, Goldman Sachs, Merrill Lynch, Royal Bank of Scotland, Stada Arzneimittel, Conserve Italia, Bank of Scotland, ING, ONCE, Anschutz Investments, QXL Ricardo, ACS Dragados, Wella, Rothschild, Cerberus, Morgan Stanley, Candover, Citigroup, TetraPak, Castle Harlan, Ferrovial, etc.

Prior to joining Ashurst, he was a partner at Melchor de las Heras (now, CMS' Albiñana & Suárez de Lezo).

He was also Secretary General of the Spanish State owned TV and radio group Radio Televisión Española (www.rtve.es), the largest media group in Spain.

Mentioned as recommended or leading lawyer in Spain in M&A, Corporate, Restructuring and Insolvency, Private Equity and Media by Chambers Global, Who's Who Legal, Global Counsel 3000, European Legal Experts, Experts Guides Euromoney, Cross-border Mergers and Acquisitions Handbook, etc.

Member of the following arbitration courts:

  • CIMA, Civil and Commercial Arbitration Court of Madrid (www.cima-arbitraje.com).
  • Arbitration Court of the Spanish Chambers of Commerce, Industry and Navigation (www.camaras.org).
  • Arbitration Court of the Madrid Bar Association (www.icam.com).
  • Spanish-Moroccan Arbitration Court.

Has also acted as arbitrator in the Swiss Chambers of Commerce and Industry.

Member of the "Círculo de Empresarios" (www.circulodeempresarios.org), a non-profit, non-partisan and private Spanish association formed by around 200 Spanish business leaders whose companies together employ over 715,000 workers and who share an interest in the major issues affecting the country's economic and social well-being.

Other

Member of the British Private Equity and Venture Capital Association (www.bvca.co.uk)

Born in Madrid, on January 21, 1964. Married. Four children.

Speaks Spanish, English and French.

Publications

  • "Culpable Insolvency", International Corporate Rescue, Kluwer Law International, Volume 3, Issue 6, London, 2006.
  • "Subordination of claims under the New Insolvency Law", International Corporate Rescue, Kluwer Law International, Volume 3, Issue 5, London, 2006.
  • "Understanding the New Insolvency Law", International Corporate Rescue, Kluwer Law International, Volume 3, Issue 2, London, 2006.
  • "El libro blanco de la competencia española", Expansión, Madrid, May 31, 2005.
  • "Brief Analysis of the new Spanish Insolvency Code", International Corporate Rescue, Kluwer Law International, Volume 2, Issue 4, London, 2005.
  • "Comparing civil litigation procedures across Europe", Ashurst, London, 2004.
  • "Principios generales y principales novedades de la Nueva Ley Concursal", Ashurst, Madrid, 2004
  • "Study on the conditions of claims for damages in case of infringement of the EC competition rules", European Commission, Brussels, August, 2004.
  • "Principales novedades de la Ley de Arbitraje", Madrid, June, 2004.
  • "Public to Privates in Spain", Ashurst, Madrid, Abril, 2004.
  • "A guide to investing in Europe. Spain", BVCA, London, 2004.
  • "La polémica modificación de la ley de propiedad intelectual", Expansión, Madrid, April 16, 2003.
  • "Derechos audiovisuales de los partidos de fútbol", Expansión, Madrid, January 11, 2003.
  • "Nuevo Derecho de las Infraestructuras", Revista del Derecho de las Telecomunicaciones e Infraestructuras en Red (REDETI), Madrid, 2001.
  • "Móviles", REDETI, Madrid, April 2001.
  • "Liberalizaciones 2000", Fundación de Estudios de Regulación & Editorial Comares, Granada, 2000.
  • "Algunas ideas sobre las empresas de Internet y el control de las concentraciones económicas", REDETI, Madrid, October, 2000.
  • "Control de fusiones y participaciones empresariales", Expansión, August 2, 2000.
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The talk will explore and explain the emergence of alternative sets of winners and losers within the working class in three cases of sweeping industrial and market liberalization.

Sebastian Etchementdi is Assistant Professor of Political Science, Department of Political Science and International Studies, Universidad Torcuato Di Tella, Buenos Aires, Argentina.

He is currently a Visiting Assistant Professor in the Department of Political Science at Stanford University. He received his Ph.D. from the Department. of Political Science at University of California at Berkeley working with Ruth and David Collier.

Encina Ground Floor Conference Room

Sebastian Etchemendy Speaker Universidad Torcuato Di Tella, Buenos Aires, Argentina
Seminars
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The Pinochet Case

Patricio Guzman's The Pinochet Case investigates the legal origins of the case against Augusto Pinochet, the general who overthrew President Salvador Allende of Chile in 1973. This documentary follows the legal cases that ultimately led to Pinochet being arrested and tried for his crimes against humanity committed over the 25 years that he ruled Chile.

Carlos Castresana received his law degree in 1979 from Complutense University, Madrid, Spain. He served as a District and Examine Judge, and Court Magistrate for a number of years, before becoming a member of the Public Prosecutors of Spain, where he worked in the Anti-drug and Anti-corruption Special Offices. In 2005, he was appointed Prosecutor of the Supreme Court. He was also a professor of criminal law at the University Carlos III, Madrid.

Mr. Castresana authored the formal complaint and subsequent reports in the Pinochet Case before the Audiencia Nacional in Spain. He has served as an expert in international legal cooperation and other issues in Europe and Latin America, under appointment of the United Nations, European Union, and Council of Europe. He received the Human Rights National Award in Spain in 1997, was awarded the Doctorate Honoris causa from the Guadalajara University, Mexico in 2003, and the Certificate of Honor from the City and County of San Francisco in 2004. Mr. Castresana teaches courses on human rights in Latin America and international criminal law and is coordinator of Project H32, in the United Nation's Office of Narcotics and Crime in Monterrey, Mexico.

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.

Stanford Film Lab
Margaret Jacks Hall, Lower Level
Stanford University
Stanford, CA 94305

Carlos Castresana Coordinator of Project H32 Speaker the United Nations' Office of Narcotics and Crime
Conferences
Paragraphs

The transitions to democracy in the postcommunist region over the past decade and one-half share a common dynamic, featuring the interaction between two sets of factors. The first is the long-term development of both civil society and a liberal opposition. The second is more short-term: an expansion of international support for regime change, clear demonstration by mass publics that they reject incumbent illiberal regimes (through protests and voting), and the victory of the liberal opposition in competitive elections. Successful democratization in the postcommunist world, therefore, seems to rest upon mass mobilization, a supportive international environment, and a sharp break with the authoritarian past, rather than the model that emerged in Spain and parts of Latin America; that is, a largely domestic dynamic combining bargaining between incumbent and opposition elites and elections and policies in the early stages of transition that bridged the old and the new order.

This paper primarily deals with later postcommunist transitions to democracy. In particular, we compare the decisive turn to democratic politics in Slovakia in 1998 with a similar dramatic political turn in Serbia in 2000. Such a comparison is instructive because of the importance of the model of democratization that was developed and applied in these cases, and because of the insights these two countries offer as a consequence of variations in both political-economic context and the nature of their electoral revolutions.

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CDDRL Working Papers
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The latest volume in this popular series focuses on the best ways to evaluate and improve the quality of new democratic regimes. The essays in part one elaborate and refine several themes of democratic quality: the rule of law, accountability, freedom, equality, and responsiveness. The second part features six comparative cases, each of which applies these thematic elements to two neighboring countries: Brazil and Chile, South Africa and Ghana, Italy and Spain, Romania and Poland, India and Bangladesh, and Taiwan and Korea.

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Books
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Johns Hopkins University Press
Authors
Larry Diamond
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Protesters who marched around the world last week were wrong to assume that American inaction against Iraq will make their children safer or the Iraqi people better off. (Wouldn't it be nice if the Iraqi people could express their opinion about their country's future rather than having to listen to George W. Bush, Saddam Hussein or street protesters speak on their behalf?) The protesters were right, however, to question whether war against Iraq will produce more security at home and real freedom for the Iraqi people.

Americans should have confidence that the Department of Defense has a game plan and the capacity to destroy Hussein's regime, but we have less reason to feel the same level of confidence about the blueprint and resources earmarked to rebuild Iraq because no one talks about them.

The time for circulating such plans and amassing such resources is now, before the bombs begin to fall. A war to disarm Hussein alone is not legitimate. Only a military conflict that brings about genuine political change in Iraq will leave the Iraqi people better off and the American people more secure. Winning the war will be inconsequential if we fail to win the peace.

To demonstrate a credible commitment fto rebuild a democratic Iraqi over the long haul, the Bush administration could do the following today:

First, if we must go to war, we cannot go alone. American armed forces can destroy Hussein's regime without France or Germany, but the U.S. Agency for International Development will struggle to rebuild a new Iraqi regime without the assistance of others.

Second, President Bush must state clearly before the conflict begins that an international coalition will govern Iraq for an interim term. Again, the burden will fall mainly on American armed forces and their commanders. But the less the occupation looks like an American unilateral action, the better.

Third, the Bush administration must secure a commitment from all stakeholders in a post-war Iraqi regime about the basic contours of a new constitution for governing Iraq before war begins. Right now, these claimants on a future Iraqi regime are weak. They need the United States to come to power, which gives American officials considerable leverage now. Once Hussein's regime falls, however, they will be less beholden to the Americans. Without a clearly articulated plan in place before the fall of Hussein's regime, the process of constituting a new government could quickly become chaotic and unpredictable.

Fourth, President Bush must make absolutely clear now -- before war -- that the United States has no intention of seizing Iraqi oil fields, which belong to the Iraqi people. Bush must distance himself from statements made by unnamed government officials that the United States plans to appropriate Iraqi oil revenues as reparations.

This absurd idea -- believed by many throughout the world -- must be squelched immediately and unequivocally. Instead, the Bush administration should consider privatizing the Iraqi oil business through a mass voucher program. Give every Iraqi citizen a small stake in the ownership of these resources. At a minimum, an international consortium, not an American general, must assume stewardship of the Iraqi oil business during occupation.

On Day One after Hussein is defeated, Bush must demonstrate a real commitment to the promotion of democracy in the region. Most importantly, the rebuilding of Iraq must begin immediately. The delays we are witnessing in Afghanistan cannot be repeated.

In this cause, the American people should also help through the direct delivery of aid, student exchanges, or sister-city programs. Those who rallied in support of peace last week should remain mobilized to promote peace and development in Iraq after a military conflict, when the Iraqi people will be in greatest need.

In parallel, Bush must demonstrate a more serious commitment to rebuilding a state in Afghanistan -- hopefully as a democracy, but at least as a functioning, coherent state that can maintain order and promote development. This can happen only if the warlords are contained, an assignment that will require several times the several thousand peacekeeping troops now in the country. Western aid workers in Afghanistan -- including those working on democracy -- complain that internal security is a precondition for any aid to be effective.

In addition, Bush must formulate a policy toward Iran, which could begin by stating clearly that the United States does not intend to use force against that country. The current ambiguity about American intentions only strengthens the hard-liners within Iran and weakens the reformers. More fundamentally, the United States must develop a more sophisticated policy toward Iran, one which engages reformers within the Iranian government and assists democratic forces in society, but does not legitimate hard-line clerics who control the regime. The model is American policy toward the Soviet Union in its waning years.

And President Bush should redouble his administration's efforts to help create a democratic Palestine. A democratic Palestine is not a reward to the Sept. 11 terrorists, but their worst nightmare. Of course, this undertaking is enormous, but no larger than the task of installing democracy in Iraq after invasion.

Bush should also call his counterparts in Saudi Arabia, Pakistan and Egypt and tell them privately the truth -- regime change in their countries has already begun. If they initiate political liberalization now while they are still powerful and their enemies are still weak, they might be able to shape the transition process according to their interests as the king did in Spain and Augusto Pinochet did in Chile. If the Saudis, Pakistanis and Egyptians wait, however, their regimes are more likely to end in revolution like Iran in 1979 or Romania in 1989.

Even if President Bush undertakes all these initiatives, an invasion of Iraq is still likely to produce a net loss of political liberalization in the region in the short run. Dictatorships in the region are not going to suddenly liberalize in response to the American occupation of Iraq. In the face of angry publics, they will do the exact opposite -- just as autocrats across Europe did two centuries ago when Napoleon tried to bring democracy to the continent through the barrel of a gun.

American leaders, therefore, will face greater and more complex challenges after the war than before the war. To succeed, Bush and his successors need a long-term game plan. Above all, the president must explain to the American people that the United States will be involved in the reconstruction of a democratic Iraq and the region for decades, not months or years.

The worst-case scenario -- for both Americans and Iraqis -- is a quick war, followed by a terrorist attack on American troops stationed in Iraq, followed by a call for early American disengagement. Twenty years ago, the United States helped to destroy the Soviet-sponsored regime in Afghanistan, but then failed to help build a new regime in the vacuum. We experienced the consequences of such shortsightedness on Sept. 11, 2001. In Iraq or elsewhere in the region, we cannot make the same mistake again.

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Commentary
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San Francisco Chronicle
Authors
Michael A. McFaul
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The book is intended for a wide audience and has been written in a style which is readily accessible to people from many different disciplines.

Cappelen Akademisk Forlag (a leading Norwegian Publisher) are pleased to announce the publication of a new and highly challenging book on the rise of New Public Financial Management (NPFM) reforms. Edited by Olov Olson, James Guthrie and Christopher Humphrey, the book is the outcome of a unique two year collaborative project involving 24 senior accounting academics from eleven different countries, including Australia, France, Germany, Japan, New Zealand, Norway, Spain, Sweden, Switzerland, United Kingdom and United States of America. The book is intended for a wide audience and has been written in a style which is readily accessible to people from many different disciplines. As John Meyer, Professor of Sociology at Stanford University, observes in his foreword to the book: "This book is about the rise and international impact of a social movement trying to reform public management around the world along rational and rationalistic lines. The roots of the movement are in professional accounting, especially in the private sector, and has gained considerable force in the last two decades, and has had widespread effects on the ways public organizations are perceived, on policies governing them, and sometimes on organizational practices.

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Cappelen
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