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“Emerging democracies must demonstrate that they can solve governance problems and meet citizens’ expectations for freedom, justice, a better life, and a fairer society.”

If the big global story of the 1980s and 1990s was the remarkable expansion of democracy, the bad news of this decade is that democracy is slipping into recession. In the two decades following the Portuguese revolution in 1974, the number of democracies tripled (from 40 to 120) and the percentage of the world’s states that are at least electoral democracies more than doubled (to about 60 percent). Since the late 1990s however, there has been little if any net progress in democracy. To be sure, significant new transitions to democracy took place in countries like Mexico, Indonesia, Serbia, Georgia, and Ukraine. But globally, the democratic wave has been neutralized and is now at risk of being overtaken by an authoritarian undertow, which has extinguished democracy in such states as Pakistan, Russia, Nigeria, Venezuela, Bangladesh and Kenya. In fact, two-thirds (15) of all the reversals of democracy (23) since 1974 have taken place just in the last eight years, since the October 1999 military coup in Pakistan.

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Fortunately, breakdowns of democracy do not always persist for long. Pakistan held remarkably vibrant parliamentary elections in February 2008, in which the party of the autocratic, unelected president, Pervez Musharraf, was crushed. Should the legitimate parties succeed in curtailing Musharraf’s power or forcing him from office, a transition back to democracy could be completed. Thailand has made a similar cycle of return, Bangladesh figures to do so this year, and Nepal is trying to do so. The remote mountain kingdom of Bhutan has quickly gone from absolute to constitutional monarchy, and Mauritania, a desert-poor Muslim-majority country, has also made a democratic transition. But many of the new democracies of recent decades are shallow and in trouble. And freedom has been lurching backwards. By the ratings of Freedom House, last year was the worst year for freedom since the end of the Cold War, with 38 countries declining in their levels of political rights and civil liberties and only 10 improving.

Two other negative trends are important to note. One is the implosion of democratic openings in the Arab world. Under pressure from the George W. Bush administration beginning in 2003, several authoritarian Arab regimes liberalized political life and held competitive, multiparty elections. Then, Islamist political forces made dramatic gains in Egypt and Lebanon and won a majority of seats in Palestine and Iraq — and suddenly the Bush Administration got cold feet. Arab democrats who had surfaced and mobilized felt abandoned and betrayed. The liberal secular politician Ayman Nour, who had the temerity to challenge President Hosni Mubarak in Egypt’s first contested presidential election, languishes in prison three years later. The country’s political opening is now frozen, while more than a billion dollars in American aid continues to flow to the regime.

The second negative trend is that authoritarian states have, unfortunately, learned some of the lessons of democratic breakthroughs of the past decade, particularly the color revolutions that brought down neocommunist autocracies in Serbia, Georgia, Ukraine, and Kyrgyzstan. As a result, they have closed political space, swallowed up or arrested independent media, crushed independent political opposition, sabotaged or shut down innovative uses of the Internet, and sought to block or sever external flows of democratic assistance. Vladimir Putin’s Russia (with its sinister cabal of savvy Kremlin “political technologists”) has blazed the trail in this authoritarian pushback, but China, Belarus, Iran, Azerbaijan, Uzbekistan, and other “post” communist and Middle Eastern dictatorships have followed suit. To make matters worse, China and Russia have drawn together with the Central Asian dictatorships in a new club, the Shanghai Cooperation Organization, to formalize and advance their authoritarian pushback.

To renew democratic progress in the world, we must understand the reasons for the democratic recession. Authoritarian learning is one. Another has been the inconsistent and often unilateralist policies of the United States. Although President Bush has done much to put democracy promotion at the center of American foreign policy and has substantially increased funding for U.S. democracy assistance programs, he has also alienated potential allies in the effort to advance democracy globally by associating democracy promotion with the use of (largely unilateral) force, as in Iraq; by promoting democracy with a tone that was often self-righteous and a style that was too often poorly coordinated with our democratic allies; and then by failing to sustain pressure for democratic change when the going got rough in the Middle East.

Structural factors have also driven the recession of democracy. One has had to do with the global political economy. As the price of oil has gone up, the prospects for democracy have receded. Russia, Nigeria, and Venezuela have all seen their democracies slip back into authoritarianism as oil prices have skyrocketed, sending huge new infusions of discretionary revenue into the hands of autocratic leaders, which they have used to buy off opponents and strengthen their security apparatuses. In Iran and Azerbaijan, surging oil revenues have shored up authoritarian states that once seemed vulnerable.

A second and more pervasive factor has had to do with the performance of the new democracies. Some new democracies are holding their own (like Mali) and even making progress (like Brazil and Indonesia) in the face of enormous accumulated problems and challenges. But the general reality, even in these countries, is that democracy often does not work for average citizens. Rather, it is blighted by multiple forms of bad governance: abusive police and security forces, domineering local oligarchies, inept and indifferent state bureaucracies, corrupt and pliant judiciaries, and ruling elites who routinely shred the rule of law in the quest to get rich in office. As a result, citizens grow alienated from democracy and become susceptible to the patronage crumbs of corrupt political bosses and the demagogic appeals of authoritarian populists like Putin in Russia and Hugo Chávez in Venezuela.

“If democracies do not work better to contain crime and corruption, generate economic growth, relieve economic inequality, and secure freedom and a rule of law, people will eventually lose faith and turn to authoritarian alternatives.”Before democracy can spread further, it must take deeper root where it has already sprouted. Emerging democracies must demonstrate that they can solve governance problems and meet citizens’ expectations for freedom, justice, a better life, and a fairer society. If democracies do not work better to contain crime and corruption, generate economic growth, relieve economic inequality, and secure freedom and a rule of law, people will eventually lose faith and turn to authoritarian alternatives. Struggling democracies must be consolidated, so that all levels of society become enduringly committed to democracy as the best form of government and to the country’s constitutional norms and restraints. Western governments and international aid donors can assist in this process by making most foreign aid contingent on key principles of good governance: a free press, an independent judiciary, and vigorous, independently led institutions to control corruption. International donors also need to expand their efforts to assist these institutions of horizontal accountability as well as initiatives in civil society that monitor the conduct of government and press for institutional reform.

The only way to stem the democratic recession is to show that democracy really is the best form of government — that it can not only provide political freedom but also improve social justice and human welfare.

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“Should the United States promote democracy around the world?” Stanford alumna Kathleen Brown, a former FSI advisory board member, former Treasurer of the State of California, and current head of public finance (Western region) Goldman Sachs

How are democracy, development, and the rule of law in transitioning societies related? How can they be promoted in the world’s most troubled regions? These were among the provocative issues addressed by faculty from the Freeman Spogli Institute’s Center on Democracy, Development, and the Rule of Law, as part of Stanford Day in Los Angeles on January 21, 2006. Panelists included Michael A. McFaul, CDDRL director, associate professor of political science, and senior fellow, the Hoover Institution; Kathryn Stoner, associate director for research and senior research associate at CDDRL; and Larry Diamond, coordinator of CDDRL’s Democracy Program, a Hoover Institution senior fellow, and founding co-editor of the Journal of Democracy.

The capstone of a day devoted to “Addressing Global Issues and Sharing Ideas,” the CDDRL panel was attended by more than 850 alumni, Stanford trustees, and supporters as part of the nationwide “Stanford Matters” series. Moderated by Stanford alumna Kathleen Brown, a former FSI Advisory Board member, former treasurer of the State of California, and current head of public finance (western region) Goldman Sachs, the panel looked at some of the toughest trouble spots in the world, including Iraq, Russia, and other parts of the former Soviet Union.

“Should the United States promote democracy around the world?” Brown began by asking Center Director Michael McFaul. “The President of the United States has said that the United States should put the promotion of liberty and freedom around the world as a fundamental policy proposition,” McFaul responded, noting “it is the central policy question in Washington, D.C., today.” It is not a debate between Democrats and Republicans, he continued, but rather between traditional realists, who look at the balance of power, and Wilsonian liberals, who argue that a country’s conduct of global affairs is profoundly affected by whether or not it is a democracy. The American people, McFaul noted, are divided on the issue. In opinion polls, 55 percent of Republicans say we should promote democracy, while 33 percent say no. Among Democrats, only 13 percent answer unequivocally that the United States should promote democracy.

“The President of the United States has said that the United States should put the promotion of liberty and freedom around the world as a fundamental policy proposition, and it is the central policy question in Washington, D.C., today.” CDDRL Director Michael McFaulAsserting that the United States should promote democracy, McFaul offered three major arguments. First is the moral issue—democracies are demonstrably better at constraining the power of the state and providing better lives for their people. Democracies do not commit genocide, nor do they starve their people. Moreover, most people want democracy, opinion polls show. Second are the economic considerations—we benefit from open societies and an open, liberal world trade system, which allows the free flow of goods and capital. Third is the security dimension. Every country that has attacked the United States has been an autocracy; conversely, no democracy has ever attacked us. The transformation of autocracies, including Japan, Germany, Italy, and the Soviet Union, has made us safer.

It is plausible to believe that the benefits of transformation in the Middle East will make us more secure, McFaul argued. “It would decrease the threats these states pose for each other, their need for weapons, and the need for U.S. intervention in the region,” he stated. Democratic transformation would also address a root cause of terrorism, as the vast majority of terrorists come from autocratic societies. There are, however, short-term problems, McFaul pointed out. Free elections could lead to radical regimes less friendly to the United States, as they have in Egypt, Iran, Iraq, and now in Palestine. U.S. efforts to promote democracy, he noted, can actually produce resistance.

Having advanced a positive case, McFaul asked FSI colleague Stoner-Weiss, “So, how do we promote democracy?” Stoner-Weiss, also an expert on Russia, said it is instructive to see how Russia has fallen off the path to democracy. In 1991, when the Soviet Union collapsed, it seemed to be an exciting time, rife with opportunity. “Here was an enemy, a major nuclear superpower, turning to democracy,” she stated. Despite initial U.S. enthusiasm, the outcome has not been a consolidated democracy. Russia, under Vladimir Putin, is becoming a more authoritarian state, a cause for concern because it is a nuclear state and a broken state—with rising rates of HIV and unable to secure its borders or control the flow of illegal drugs.

“So can we promote democracy?” Stoner-Weiss asked. The answer is a qualified yes, from Serbia to Georgia, and the Ukraine to Kyrgyzstan. But Russia has 89 divisions, 130 ethnicities, 11 time zones, and is the largest landmass in the world, she noted. Moving from a totalitarian state to a democracy and an open economy is enormously complicated. As Boris Yeltsin said in retiring as president on December 31, 1999, “What we thought would be easy turned out to be very difficult.”

Where is Russia today? It ranks below Cuba on the human development index; it is moving backward on corruption; and its economic development is poor, with 30 percent of the public living on subsistence income. Under Putin’s regime, private media have come under pressure, television is totally stated controlled, elections for regional leaders have been canceled, troops have remained in Chechnya, and Putin has supported controversial new legislation to curb civil liberties and NGO’s operating in Russia.

“How did Russia come to this?” she asked. In retrospect, the power of the president has been too strong. Initial “irrational exuberance” in the United States and Europe about what we could do has given way to apathy. Under Yeltsin, rule was oligarchical and democracy disorganized. Putin came to office promising a “dictatorship of law” to rid the country of corruption. Yet Russia under Putin, who rose through the KGB and never held elective office, has become far less democratic. He has severely curtailed civil liberties. The economy, dependent on oil and natural gas, is not on a path of sustainable growth.

“What can the United States do?” Stoner-Weiss asked. We have emphasized security over democracy, she pointed out, and invested in personal relations with Russia’s leaders, as opposed to investing in political process and institutions. We do have important opportunities, she noted. Russia chairs the G-8 group of major industrial nations this year, providing major opportunities for consultation, and wants to join the World Trade Organization. The United States should advance an institutional framework to help put Russia back on a path to democracy, a rule of law, and more sustainable growth, she argued.

Diamond, an expert on democratic development and regime change, examined U.S. involvement in the Middle East, noting that it is difficult to be optimistic at present. “Democracy is absolutely vital in the battle against terrorism,” he stated. The United States has to drain the swamp of rotten governments, lack of opportunity for participation and the pervasive indignity of human life. “The dilemma we face,” he pointed out, “is getting from here to there in the intractable Middle East.” There is not a single democracy in the Arab Middle East. This is not because of Islam, but rather the authoritarian nature of regimes in the region and the problem of oil.

“Can we promote democracy under these conditions?” Diamond asked. We need to get smart about it, he urged, noting that success depends on the particular context of each country. “If we want to promote democracy, the first rule is to know the country, its language, culture, history, and divisions,” he stated. We need to know, he continued, “who stands to benefit from a democratic transformation and, conversely, who stands to lose?” Rulers of these countries need to allow the space for freedom, for civic and intellectual pluralism, for open societies and meaningful participation. The danger is that there could be one person, one vote, one time. A second rule is that “academic knowledge and political practice must not be compartmentalized.” “To succeed,” Diamond stated, “we need to marry academic theories with concrete knowledge of these countries’ traditions, cultures, practices, and proclivities.”

In the lively question-and-answer session, panelists were asked, “Under what conditions is it appropriate to use force to promote democracy?” McFaul answered that we cannot invade in the name of democracy—we rebuilt Japan in that name but we did not invade that nation. We invaded Iraq in the name of national security. We know how to invade militarily, but still must learn how to build democracy. Effectiveness in the promotion of democracy, Diamond pointed out, requires the exercise of “soft” power—engagement with other societies, linkages with their schools and associations, and offering aid to democratic organizations around the world. Stoner-Weiss concurred, noting that we have used soft power effectively in some parts of the former Soviet Union, notably the Ukraine. People-to-people exchanges definitely help, she added.

To combat Osama bin Laden and the threat of future attacks in the United States, Diamond stated, we must halt the proliferation of nuclear weapons. North Korea and Iran are two of the most important issues on the global agenda. And we have got to improve governance in the Middle East in order to reduce the chances that the states of the region will breed and harbor stateless terrorists. A democratic Iran is in our interest, McFaul emphasized. Saudi Arabia must change as well—the only issue is whether change occurs with evolution or revolution. Democracy, economic development, and the rule of law, McFaul concluded, are inextricably intertwined.

Asked by alumnus and former Stanford trustee Brad Freeman what needs to happen to re-democratize Russia, McFaul pointed out that inequality has been a major issue in Russia—a small portion of the population controls its wealth and resources and, therefore, the political agenda and the use of law. Russia has been ruled by men and needs the rule of institutions, said Stoner-Weiss. We should insist that Putin allow free and fair elections, freedom of the press, and freedom of political expression, and re-focus efforts on developing the institutions of civil society, she stated.

Reform is a generational issue, McFaul emphasized. We need to educate and motivate the young so they can change their country from within. The Stanford Summer Fellows Program, which brought emerging leaders from 28 transitioning countries to Stanford in the program’s inaugural year of 2005, provides an important venue for upcoming generations to meet experienced U.S. leaders and others fighting to build democracies in their own countries. Such exchanges help secure recognition that building support for democracy, sustainable development, and the rule of law is a transnational issue.

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Daphne Barak-Erez LL.B. (Tel-Aviv) (summa cum laude) 1988, LL. M. (Tel-Aviv) (summa cum laude) 1991, and J. S. D (Tel-Aviv) 1993, is a professor at the Faculty of Law and the Stewart and Judy Colton Chair of Law and Security at Tel-Aviv University. She specializes in administrative law, constitutional law and gender law. She was a visiting researcher at Harvard Law School (1993-1994), a visiting fellow at the Max Planck Institute of Public Law, Heidelberg (2000), an Honorary Research Fellow at University College, London (2002), a Visiting Researcher at the Swiss Institute of Comparative Law (2004), a Visiting Fellow at Jawaharlal Nehru University, Delhi (2006), and a Schell Fellow at Yale Law School (2006). She was a Visiting Professor at the Institute of Federalism (Fribourg, Switzerland) (2005), the Faculty of Law of the University of Toronto (2005 and 2007), the University of Siena (2006) and Queen's University (2007).

She also served as the Director of the Minerva Center for Human Rights (2000-2001) and the Deputy Dean of the Faculty of Law (2000-2002) and currently serves as a member of Israel's Council of Higher Education (since 2007). She was awarded several prizes, including the Rector's Prize for Excellence in Teaching (twice), the Zeltner Prize, the  Woman of the City Award (by the City of Tel-Aviv) and the Women in Law Award (by the Israeli Bar). She is the author and editor of several books and has many articles published in journals in the United States, Canada, England, and Israel.

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Daphne Barak-Erez Professor Speaker Faculty of Law, Tel Aviv University
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As the year draws to a close, write Michael A. McFaul and Abbas Milani in the Washington Post, it's important to note that the U.S. debate on Iran is stalled, trapped between "regime changers" vs. "arms controllers," "hawks" vs. "doves," and "idealists" vs. "realists." The National Intelligence Estimate released this month offers an opportunity to escape this straitjacketed debate by embracing a new strategy that would pursue both the short-term goal of arms control and the long-term goal of democracy in Iran.

Reprinted with permission from Washingtonpost.Newsweek Interactive Company and The Washington Post

As the year draws to a close, it's important to note that the U.S. debate on Iran is stalled, trapped between "regime changers" vs. "arms controllers," "hawks" vs. "doves," and "idealists" vs. "realists." The National Intelligence Estimate released this month offers an opportunity to escape this straitjacketed debate by embracing a new strategy that would pursue both the short-term goal of arms control and the long-term goal of democracy in Iran.

The NIE's "key judgment" that Iran suspended its nuclear weapons program has thrust the arms controllers onto center stage. Because the nuclear threat is no longer immediate, the arms controllers insist that the time is ripe for the United States to engage in direct diplomacy with Tehran as a way to change the regime's behavior, but not the regime itself -- specifically, to persuade the mullahs to suspend their nuclear enrichment program.

Those who profess to back regime change claim that the NIE changes nothing and that the United States should continue to use coercive power, potentially including military strikes, to counter Tehran.

Both sides have part of the strategy right, but on its own neither offers a long-term vision for dealing with Iran.

It is folly to assume that advocates of military strikes are in the same camp as those who advocate regime change. There is no better way to prolong the life of the autocratic regime in Tehran, to strengthen increasingly weakened radicals such as Iranian President Mahmoud Ahmadinejad, than bombing Iran. Thankfully, the NIE has made military strikes less likely.

But the estimate provides no evidence to suggest that Iran's regime has changed its ways to be more compatible with American national interests or the interests of the Iranian people. The regime continues to repress its own people; supports terrorist organizations that threaten Israel and destabilize the governments in Iraq, Lebanon and the Palestinian territories; and still has not suspended its enrichment program, the key aspect of developing a nuclear weapon. Iran's suspension of its military nuclear program in 2003 was a tactical response to revelations about the clandestine operation, not a fundamental shift in strategic thinking.

To presume, therefore, that the NIE gives the United States license to bargain with Iran over its enrichment program and forgo any pressure on the regime is also folly. Focusing solely on enrichment would play into the hands of the mullahs, who see how the NIE has weakened the coalition in support of serious sanctions. They have every incentive to stretch out any negotiations -- while continuing to develop their enrichment program. Days after the NIE was made public, Ahmadinejad announced that Iran plans to have a cascade of 50,000 centrifuges, surely enough to make highly enriched uranium. American diplomatic tools to alter this behavior are extremely weak. Moreover, this strategy gives Iran a free pass on its support for terrorism and human rights abuses.

The United States and its allies must develop an Iran strategy that establishes both short- and long-term goals. Specifically, the United States must recommit to a policy of encouraging democratization inside Iran, because only a democratic regime will stop supporting terrorist groups abroad and repression at home. A democratic Iran is also less likely to restart a nuclear weapons program, especially if the United States and a new Iranian regime establish close military ties, a likely outcome.

Although counterintuitive to some, diplomatic engagement is required to pursue the long-term goal of democratization and, in parallel, the short-term goal of arms control. The first American offer of direct talks should include everything: the prospect of formal diplomatic relations and the lifting of sanctions; the potential supply and disposal of nuclear fuel (from a third-party organization or state); suspension of nuclear enrichment; an end to aid to Hezbollah and Hamas; and a serious discussion about stopping the arrests of students and human rights advocates and the persecution of union leaders and religious minorities. Discussion of new security institutions in the region should also be on the table. America's experience dealing with the Soviet Union during the Cold War demonstrates that we can engage a despotic regime without compromising our commitment to democracy and human rights.

Greater contact between Iranian and American societies will further undermine the regime's legitimacy, strengthen the independence of Iranian economic and political groups, and perhaps even compel some regime leaders to cash out and exchange their diminishing political power for enduring property rights. Over the past four decades, autocratic regimes have rarely crumbled as a result of isolation but more often have collapsed when seeking to engage with the West. Even the collapse of the Soviet Union occurred not when tensions between Moscow and Washington were high but during a period of engagement.

Will Iran follow a similar path? We will never know if we do not try. Of course, the mullahs might reject our overtures, but their refusal would embolden the opposition inside Iran. And a serious attempt to engage the Islamic republic now would strengthen the American case for more coercive diplomatic and economic pressure, should they be necessary in the future.

Michael McFaul is a professor of political science at Stanford University. Abbas Milani is director of the Iranian studies program at Stanford. Both are fellows at the Hoover Institution.

Copyright Washingtonpost.Newsweek Interactive and The Washington Post. All rights Reserved.

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Francis Fukuyama is Bernard L. Schwartz Professor of International Political Economy at the Paul H. Nitze School of Advanced International Studies (SAIS) of Johns Hopkins University, and the director of SAIS' International Development program. He is also chairman of the editorial board of a new magazine, The American Interest.

Dr. Fukuyama has written widely on issues relating to questions concerning political and economic development. His book, The End of History and the Last Man, was published by Free Press in 1992 and has appeared in over twenty foreign editions. It made the bestseller lists in the United States, France, Japan, and Chile, and has been awarded the Los Angeles Times' Book Critics Award in the Current Interest category, as well as the Premio Capri for the Italian edition. He is also the author of Trust: The Social Virtues and the Creation of Prosperity (1995), The Great Disruption: Human Nature and the Reconstitution of Social Order (1999), Our Posthuman Future: Consequences of the Biotechnology Revolution (2002, and State-Building: Governance and World Order in the 21st Century, (2004). His most recent book America at the Crossroads: Democracy, Power, and the Neoconservative Legacy was published by Yale University Press in March 2006.

Francis Fukuyama was born on October 27, 1952, in Chicago. He received his B.A. from Cornell University in classics, and his Ph.D. from Harvard in Political Science. He was a member of the Political Science Department of the RAND Corporation from 1979-1980, then again from 1983-89, and from 1995-96. In 1981-82 and in 1989 he was a member of the Policy Planning Staff of the US Department of State, the first time as a regular member specializing in Middle East affairs, and then as Deputy Director for European political-military affairs. In 1981-82 he was also a member of the US delegation to the Egyptian-Israeli talks on Palestinian autonomy. From 1996-2000 he was Omer L. and Nancy Hirst Professor of Public Policy at the School of Public Policy at George Mason University.

Dr. Fukuyama was a member of the President's Council on Bioethics from 2001-2005. He holds an honorary doctorate from Connecticut College and Doane College, and is a member of advisory boards for the National Endowment for Democracy (NED), the Journal of Democracy, and The New America Foundation, and FINCA. As an NED board member, he is responsible for oversight of the Endowment's Middle East programs. He is married to Laura Holmgren and has three children.

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Francis Fukuyama Olivier Nomellini Senior Fellow, FSI; CDDRL Affiliated Faculty and Speaker Stanford University
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Professor Brown received his B.A. in political science from the University of Chicago and his M.A. and Ph.D. in politics and Near Eastern Studies from Princeton University. He teaches courses on Middle Eastern politics, as well as more general courses on comparative politics and international relations. Brown is author of Peasant Politics in Modern Egypt (1990); The Rule of Law in the Arab World: Courts in Egypt and the Gulf (1997); Constitutions in a Non-Constitutional World: Arab Basic Laws and the Prospects for Accountable Government (2001); and Palestinian Politics After the Oslo Accords: Resuming Arab Palestine (2003).

Professor Brown is the recipient of Fulbright grants to study in Egypt and the Gulf and teach in Israel. He recently served two years as Senior Associate at the Carnegie Endowment for International Peace.

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Nathan Brown Professor of Political Science and International Affairs Speaker The Elliott School of International Affairs, George Washington University
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Thoroughly updated to keep pace with the many new developments in international law, the Fifth Edition of this popular casebook covers the core topics, basic doctrines, and a broad range of foreign policy issues relevant to the contemporary public international law course.

Proven in the classroom, clearly organized, and with a distinctively accessible style, International Law offers

  • a comprehensive and effective blend of current issues and materials with basic international law principles and concepts
  • a balanced combination of relevant cases, excerpts, notes, questions, and other interdisciplinary materials representing a variety of perspectives and disciplines
  • an analysis of the relationship between international and domestic law and public and private law
  • treatment of such substantive topics as International Dispute Resolution, Criminal Law, Human Rights, Environmental Law, and the Use of Force
  • a complete teaching package, including a Teacher's Manual and a biannual Document Supplement
  • Reflecting the many recent developments in this area of the law, the Fifth Edition features:
  • a new co-author, Allen S. Weiner, who brings extensive first-hand knowledge of international legal institutions
  • a new chapter on International Criminal Law that includes current materials on extradition and rendition, the international crimes of genocide, crimes against humanity, grave breaches of the Geneva Conventions, torture, and the emergence of international tribunals, including the International Criminal Court
  • new cases, including Hamdan v. Rumsfeld, Sanchez-Llamas v. Oregon, Sosa v. Alvarez-Machain, American Insurance Assoc. v. Garamendi, Republic of Austria v. Altmann, Case Concerning Israel s Construction of a Wall in the Occupied Palestinian Territories (International Court of Justice), and Prosecutor v. Krstic (International Criminal Tribunal for the Former Yugoslavia)
  • an updated case study in Chapter 1 on the international law and policy implications of the September 11 attacks and the U.S. and world response to the attacks and to terrorism in general, with other materials on the war on terrorism throughout the book
  • expanded treatment of active areas of litigation, including the Alien Tort Statute and suits against foreign government officials and state agencies
  • an extensive updating of the European Union sections, including the implications of the addition of twelve new member states and the failure to pass the new Constitution
  • major revisions to the environmental law chapter that reflect the rapid developments in this area e.g., the Kyoto Protocol and efforts to combat global warming

Table of Contents

  1. What Is International Law?
  2. The Creation of International Norms Treaties, Customary Law, International Organizations, and Private Norm-Creation
  3. International Law in the United States
  4. International Dispute Resolution
  5. States and Other Major International Entities
  6. Foreign Sovereign Immunity and the Act of State Doctrine
  7. Allocation of Legal Authority Among States
  8. International Human Rights
  9. Law of the Sea
  10. International Environmental Law
  11. Use of Force and Arms Control
  12. International Criminal Law
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CDDRL Director and political science Professor Michael A. McFaul gave the 2007 Class Day lecture on Saturday, June 16. More than 6,000 Stanford graduates, family members, faculty, and alumni attended the lecture.

Political science Professor Michael McFaul gave the Class Day lecture Saturday in Maples Pavilion.

If Stanford is indeed a bubble, political science Professor Michael McFaul deftly pointed out its radiant lining while simultaneously bursting it with a needle--in the form of sobering statistics and descriptions that paint a dour portrait of America's international standing--during his Class Day lecture on Saturday in Maples Pavilion.

Sponsored by the Stanford Alumni Association, the Class Day tradition gathers graduates and their families before a distinguished faculty member for a keynote address that is at once congratulatory and weighty. But McFaul, the Peter and Helen Bing Senior Fellow at the Hoover Institution, began by describing his humble roots as a boy from Montana.

"When I came to Stanford as a 17-year-old freshman, I was raw and not ready for prime time," McFaul admitted. "I had never lived anywhere but Montana. I hadn't even set foot in California, let alone a foreign country."

In 1986, McFaul said he emerged from the Farm a dramatically different person--holding a bachelor's degree in international relations and Slavic languages and literatures, as well as a master's in Russian and East European studies. He had lived in the Soviet Union, Nigeria and Poland; and today, McFaul is regarded as one of the top scholars in terms of bringing together the theory and practice of democracy.

"I came here wanting to practice law and left here wanting to practice diplomacy," said McFaul, who in 2005 was appointed director of the Center for Democracy, Development and the Rule of Law at the Freeman Spogli Institute for International Studies. "So, my time in the bubble changed me."

Then McFaul brought out the needle. He noted that, just as this year's graduates were first arriving on the Farm, President George W. Bush was outlining his "freedom agenda," a plan to transform the world. McFaul said the plan outlined Bush's strategy for promoting democracy around the world as a way of keeping Americans safe.

But so far, McFaul lamented, few of the plan's goals have been realized. "It hasn't been pretty out there," McFaul said. "While you have been living inside the bubble, a lot has been happening--much of it bad--outside of the bubble."

McFaul then reminded graduates of positive developments, such as the Rose Revolution in Georgia in 2003 and the Orange Revolution in Ukraine in 2004. And, no one, he added, misses the Taliban regime in Afghanistan or Saddam Hussein in Iraq.

"But overall, trends are disappointing," McFaul said. "In Afghanistan, democracy is barely holding on. In Iraq and Palestine, there's civil war."

Between 2003, when the departing undergraduates in the audience arrived as freshmen, and today, more than 3,000 American soldiers, roughly 60,000 Iraqis and more than 200,000 people in Darfur have died, McFaul said. He added that the number of al-Qaida's followers also has grown during the four years that the Class of 2007 was in "the bubble."

And yet, the graduates might have left Maples completely deflated were it not for the main message of McFaul's lecture, which was one of renewal. When he graduated from Stanford in 1986, McFaul gave a graduation speech at the ceremony for international relations majors in which he lamented the failing arms control treaty between the Soviet Union and the United States. He also expressed dismay that South Africa's apartheid regime had just declared emergency rule and that Washington seemed too confrontational or too indifferent to address either.

"However, after each of these periods, the United States had found a way to renew itself and become again a force for freedom and justice around the world," McFaul said. "So, my understanding of history gives me confidence in our capacity for renewal. But so does my sense of the future that comes from teaching here at Stanford University."

McFaul said he has taught enough of this year's graduates to know that they have the smarts, the drive and the convictions to turn things around--young men and women from throughout the United States but also from nations such as Afghanistan, Brazil, Egypt, India, Indonesia and Nigeria.

"Someone sitting here right now will someday open the first U.S. Embassy in a democratic Iran," McFaul said. "Someone sitting here right now will inspire a third grader in the South Bronx to become the first kid in his neighborhood to win a Nobel Prize in physics."

But in the effort to renew the world, McFaul also told the graduates they should not forget to renew themselves. He urged them not to describe whatever occupation they take up simply as a job title, but as an action verb; to occasionally welcome idle time to refocus their energies; to embrace uncertainty; and to continue to learn and stay connected to Stanford.

McFaul's parting message echoed the welcome address by Howard Wolf, '80, vice president for alumni affairs and president of the Stanford Alumni Association. "Alumni are the only permanent stakeholders" of the university, Wolf said. "Get involved, stay connected."

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Michael A. McFaul - Last week was a tragic setback for those committed to promoting regime change in the greater Middle East. Terrorists slaughtered dozens of innocents in Iraq, Israel and Afghanistan. In the wake of the carnage, expressing hope for democracy in Palestine, Iraq and Afghanistan sounds naïve. Even the prospect of stable, effective government in these places seems remote.
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Shibley Telhami holds the Anwar Sadat Chair for Peace and Development at the University of Maryland, and is a non-resident Senior Fellow at the Brookings Institution. Previously, he was the Director of the Near Eastern Studies Program at Cornell University and has taught at Ohio State University, the University of Southern California, Princeton University, Columbia University, Swarthmore College, and the University of California at Berkeley. His publications include Power and Leadership in International Bargaining: The Path to the Camp David Accords (Columbia University Press, 1990); International Organizations and Ethnic Conflict, ed. with Milton Esman (Cornell University Press, 1995); and Identity and Foreign Policy in the Middle East , ed. with Michael Barnett (forthcoming, Cornell University Press, 2001); and numerous articles on international politics and Middle Eastern affairs.

Professor Telhami has actively been bridging the academic and policy world. He served as advisor to the United States delegation to the United Nations during the Iraq-Kuwait crisis, and was on the staff of Congressman Lee Hamilton. He is the author of a report on Persian Gulf security for the Council on Foreign Relations, and the co-drafter of a Council report on the Arab-Israeli peace process. Professor Telhami is a member of the Council on Foreign Relations and a member of the advisory committee of Human Rights Watch/Middle East. He has been a member of the American delegation of the Trilateral American/Israeli/Palestinian Anti-Incitement Committee mandated by the Wye River Agreement between Israel and the Palestinians and has a weekly radio commentary broadcasting widely over the Middle East.

He received his B.A. from the Queens College of the City University of New York (1974), M.A. from the Graduate Theological Union, Berkeley (1978), and Ph.D. from the University of California, Berkeley (1986).

Professor Telhami will be reporting on his latest poll of Arab public opinion and interpreting the results on key issues.

Daniel and Nancy Okimoto Conference Room

Shibley Telhami Senior Fellow Speaker Brookings Institution
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