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This is a Research Seminar within the CDDRL Taiwan Democracy Program.

John Fuh-sheng Hsieh is the former director of the Center for Asian Studies at University of South Carolina (USC). Currently he is Professor of the Political Science Department at USC. Professor Hsieh received his Ph.D. in political science from the University of Rochester in 1982. Before moving to the University of South Carolina, he taught at National Chengchi University (NCCU) in Taipei, Taiwan. He has been active in scholarly activities, serving as secretary-general of the Chinese Association of Political Science (Taipei), chairman of the Comparative Representation and Electoral Systems Research Committee in the International Political Science Association, and coordinator of the Conference Group on Taiwan Studies, a related group in the American Political Science Association. His research interests include rational choice theory, constitutional choice, electoral systems, electoral behavior, political parties, democratization, foreign policy, and East Asian politics.

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John Fuh-sheng Hsieh Professor of Political Science Speaker University of South Carolina
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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
Zachary_Kaufman.jpg MA

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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The working title of his PHD project is Democracy besides Elections: An Exploration into the Development and Causes of Respect for Civil Liberties in Latin American and Post-Communist Countries. The dissertation addresses the extent of civil liberty (freedom of: opinion and expression, assembly and association, religion, movement and residence as well as independent courts) in 20 Latin American and 28 post-communist countries. Apart from tracking the development of respect for civil liberties from the late 1970's till 2003, it also attempts to explain the present level of respect by examining different structural explanations, such as historical experience with liberty, ethno-religious composition, modernization and natural resources (primarily oil).

Skaaning has constructed his own dataset and index on civil liberties based on coding of the State Department's Country Reports on Human Rights Practices from 1977 to 2003, which he uses in his descriptive analysis of the development and as the dependent variable in the subsequent causal assessment. In this stage of the research, he both undertakes intraregional analyses, utilizing the fuzzy-set method and OLS-regression, and interregional comparisons.

Skaaning received his B.A. (2000) and M.A. (2003) in Political Science from the University of Aarhus, Denmark, where he is also a PHD scholar in the final year. Parts of his MA degree were completed at Ruprecht-Karls-Universität (Heidelberg) and Freie Universität (Berlin).

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Pre-doctoral Fellow 2005 - 2006

The working title of his PHD project is Democracy besides Elections: An Exploration into the Development and Causes of Respect for Civil Liberties in Latin American and Post-Communist Countries. The dissertation addresses the extent of civil liberty (freedom of: opinion and expression, assembly and association, religion, movement and residence as well as independent courts) in 20 Latin American and 28 post-communist countries. Apart from tracking the development of respect for civil liberties from the late 1970's till 2003, it also attempts to explain the present level of respect by examining different structural explanations, such as historical experience with liberty, ethno-religious composition, modernization and natural resources (primarily oil).

Skaaning has constructed his own dataset and index on civil liberties based on coding of the State Department's Country Reports on Human Rights Practices from 1977 to 2003, which he uses in his descriptive analysis of the development and as the dependent variable in the subsequent causal assessment. In this stage of the research, he both undertakes intraregional analyses, utilizing the fuzzy-set method and OLS-regression, and

interregional comparisons.

Skaaning received his B.A. (2000) and M.A. (2003) in Political Science from the University of Aarhus, Denmark, where he is also a PHD scholar in the final year. Parts of his MA degree were completed at Ruprecht-Karls-Universität (Heidelberg) and Freie Universität (Berlin).

Svend-Erik Skaaning Speaker CDDRL/Univ of Aarhus, Denmark
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John Barton is a professor emeritus at the Stanford Law School, an FSI senior fellow by courtesy, and a CHP/PCOR associate. His research and publications focus on international scientific research and cooperation, the relationship between intellectual property and antitrust, and the transfer of technology -- particularly vaccine production technology -- to developing countries. Barton has recently published an article in the Journal of the American Medical Association on the pharmaceutical development process, and is co-author of the product development priorities chapter in the forthcoming book Disease Control Priorities in Developing Countries. He has participated extensively in discussions regarding drug access for developing nations. He is also interested in the marketing structure of the pharmaceutical industry and the impact of vaccine regulation on the structure of the international vaccine industry.

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John H. Barton George E. Osborne Professor of Law, Emeritus Speaker Stanford University
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What role did external actors and the United States in particular, play in fostering the factors that led to the Orange Revolution? An answer to this question is not only important as a factual response to the critics of the Orange Revolution. The case is also an important one to be studied by those interested in understanding how external actors can influence democratization. Tracing the causal impact of democracy assistance programs on the consolidation of liberal democracy is very difficult, since the process of liberal democratic consolidation is incremental, complex, and long-term. The Orange Revolution, however, is a defined, concrete outcome, which therefore can be more easily explained. This essay attempts to offer such an explanation, with special attention devoted to isolating the distinctive contributions to the Orange Revolution of programs funded by the U.S. Agency of International Development.

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Michael A. McFaul
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The "first" transitions from communist rule in Europe and Eurasia at the end of the 1980s and the beginning of the 1990s did not resemble many of the transitions from authoritarian rule in the previous two decades. Why? Some have suggested that countries in the communist world shared distinguishing historical legacies or particular institutional configurations that made them different from the countries in Latin American and Southern Europe, which in turn had path-dependent consequences for the kind of transition they experienced. These differences are most certainly a major part of the explanation.

In addition, however, this paper argues that the configuration of the international system also played a causal role. The bipolar system of the Cold War constrained the kinds of transitions possible, both in the "East" and in the "West." By 1989, this international system no longer existed, but instead was in transition to a new global order anchored by one hegemon, the United States. This new system allowed for a wider range of transitions than the previous era. The "international system" is the missing independent variable that helps to unify theories about the "third wave" and the "fourth wave" and move us close towards a general theory of democratization.

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Michael A. McFaul
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This coming July, Mexicans will not only have the chance to democratically elect a president, but more importantly, they will have the opportunity to endorse democracy. On July of 2000, Mexico had its first democratic elections after being ruled by a single party - PRI - for seventy one years. The question is not whether Mexico has transited to democracy, but rather, whether Mexicans - the government, the politicians, the media, civil society, and the citizens in general can sustain and consolidate the new democratic system.

With the intent of shedding some light on this question, Mexicanos at Stanford University, the John S. Knight Fellowships for Professional Journalists, and Yost House organized the conference "2006 Mexican Elections: A Challenge for Democracy." The event took place on Saturday March 11, 2006 in Stanford's Kresge auditorium.

The Center on Democracy, Development and the Rule of Law, The Charles F. Riddell Fund - Yost House, the Center for Latin American Studies, VPUE/DOSA - New Student Initiatives, Bechtel International Center, El Guiding Concilio - El Centro Chicano, Camacho Fund, ASSU Speakers Bureau, and United Airlines were co-sponsors of the conference.

The 2006 Mexican Elections conference proved to be wonderfully enriching for anyone with an interest in Mexican politics and/or in democratic consolidation. The conference consisted of three sections: a) a roundtable that discussed the role of the media in the 2006 electoral process; b) a keynote address given by one of the most respected figures in Mexican academia, the historian and essayist Enrique Krauze, on the progress that Mexico has achieved in the political arena in the last decade, and on the challenges that Mexicans will face in the coming 2006 presidential election; and, c) a political debate between representatives of the three main political parties in Mexico - PRI, PAN and PRD.

This report provides a brief summary of the main arguments addressed by each speaker, the most important themes and points of discussion that arose in each panel, a brief analysis of each section, and a conclusion.

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James D. Fearon
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Is the conflict in Iraq a civil war or not? Debate over this question is largely political. James D. Fearon sets aside politics to explain the meaning of civil war and how it applies to Iraq.

Does the conflict in Iraq amount to a civil war? In many ways, the public debate over this question is largely political. Calling Iraq a "civil war" implies yet another failure for the Bush administration and adds force to the question of whether U.S. troops still have a constructive role to play.

Politics aside, however, the definition of civil war is not arbitrary. For some -- and perhaps especially Americans -- the term brings to mind all-out historical conflicts along the lines of the U.S. or Spanish civil wars. According to this notion, there will not be civil war in Iraq until we see mass mobilization of sectarian communities behind more or less conventional armies.

But a more standard definition is common today:

1) Civil war refers to a violent conflict between organized groups within a country that are fighting over control of the government, one side's separatist goals, or some divisive government policy.

By this measure, the war in Iraq has been a civil war not simply since the escalation of internecine killings following the bombing of a Shiite shrine in Samarra in February, but at least since the United States handed over formal control to an interim Iraqi government in June 2004.

Here's why: Although the insurgents target the U.S. military, they are also fighting the Shiite-dominated Iraqi government and killing large numbers of Iraqis. There is little reason to believe that if the United States were suddenly to withdraw its forces, they would not continue their battle to control or shape the government.

Political scientists who study civil war have proposed various refinements to this rough definition to deal with borderline cases. One issue concerns how much killing has to occur -- and at what rate.

2) For a conflict to qualify as a civil war, most academics use the threshold of 1,000 dead, which leads to the inclusion of a good number of low-intensity rural insurgencies.

Current estimates suggest that more than 25,000 Iraqis have been killed in fighting since the U.S.-led invasion in March 2003 -- a level and rate of killing that is comparable to numerous other conflicts that are commonly described as civil wars, such as those in Lebanon (1975-1990) and Sri Lanka (beginning in 1983).

The organization -- or rather, disorganization -- of the warring communities in Iraq means that a large-scale conventional conflict along the lines of the U.S. Civil War is unlikely to develop. More probable is a gradual escalation of the current "dirty war" between neighborhood militias that have loose ties to national political factions and are fighting almost as much within sectarian lines as across them.

This is roughly what happened in Lebanon and at a lower level in Turkish cities in the late 1970s. Ethnic cleansing will occur not as a systematic, centrally directed campaign (as in Bosnia), but as a result of people moving to escape danger.

And there's another twist to the terminology:

3) If the conflict in Iraq becomes purely a matter of violence between Sunni and Shiite communities driven by revenge and hatred rather than by political goals, many political scientists would say that it is something other than civil war.

Almost no one, for example, calls the Hindu-Muslim violence in India a civil war.

A civil war has to involve attempts to grab power at the center of government or in a given region, or to use violence to change some major government policy.

In Iraq's case, however, the vacuum of power at the center means that communal violence will inevitably be tied to struggles for political power and control.

A final complication concerns the nature of international involvement. Some argue, for example, that the war in Bosnia should be seen as an interstate war rather than a civil war, since the Bosnian Serb forces were armed and directed largely by Belgrade. Post-Mobutu violence in Congo is often termed a civil war, even though fighters have been closely tied to armies from neighboring states.

4) A conflict may be both a civil and an interstate war at the same time.

The Vietnam War, for instance, clearly comprised both a civil war in the South and an interstate war involving the North, the South and the United States.

Iraq may be moving in this direction. The United States and Britain are already openly involved, and such neighboring countries as Iran and Syria are more covertly involved. Not that it matters to the people dying there, but the next debate here may turn on whether what is already a civil war in Iraq should be viewed as an interstate war as well.

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Gideon Rose has been Managing Editor of Foreign Affairs since December 2000. From 1995 to December 2000 he was Olin Senior Fellow and Deputy Director of National Security Studies at the Council on Foreign Relations, during which time he served as Chairman of the Council's Roundtable on Terrorism. He has taught American foreign policy at Columbia and Princeton. In 1994-95 Rose served as Associate Director for Near East and South Asian Affairs on the staff of the National Security Council. He has written extensively on US foreign policy as well as co-editing with James Hoge, "How Did This Happen? Terrorism and the New War" (Random House, 2001). Rose received a Ph.D. from the Department of Government at Harvard University and a B.A. in Classics from Yale University.

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Gideon Rose Managing Editor Speaker Foreign Affairs Magazine, Council on Foreign Relations, New York
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