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The Center on Democracy, Development, and the Rule of Law (CDDRL) at Stanford University has concluded its second year of Stanford Summer Fellows on Democracy and Development. This year's fellows - 26 outstanding civic, political, and economic leaders from 21 countries in transition - were selected from more than 800 applications.

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

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

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The newest volume in the acclaimed Journal of Democracy series addresses electoral systems and democracy. As the number of democracies has increased around the world, a heated debate has emerged among experts about which system best promotes the consolidation of democracy. Is proportional representation, a majoritarian system, a mixture of the two, or some other system the best for new democracies? This book compares the experiences of diverse countries, from Latin America to southern Africa, from Uruguay, Japan, and Taiwan to Israel, Afghanistan, and Iraq. The Johns Hopkins University Press

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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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Alex Thier
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J Alexander Thier writes about the controversial case of Abdul Rahman, the 41-year-old Afghan who was facing the death penalty for converting from Islam to Christianity.

Divorce proceedings bring out the worst in people. When Abdul Rahman tried to get custody of his daughters in Kabul, Afghanistan, his wife's family told the court that he was unfit to care for his children because he had converted from Islam to Christianity some 16 years ago. A zealous prosecutor, hearing of the case, charged Mr. Rahman with apostasy, a crime punishable by death under some interpretations of Islamic law. If Mr. Rahman does not repudiate Christianity, the judge in the case has said, he will get the death penalty.

Mr. Rahman's case is a discouraging illustration of the uneasy balance between the democratic norms Afghanistan's Constitution enshrines and the conservative Islamic values its judiciary upholds. On the one hand, the Afghan Constitution states that "followers of other religions are free to exercise their faith and perform their religious rites within the limits of the provisions of the law," and it requires the state to adhere to the Universal Declaration of Human Rights, which clearly protects freedom of conscience and the right to change one's religion.

On the other hand, the Constitution also says that no law can be "contrary to the beliefs and provisions of Islam," and it gives judges broad power to interpret and apply Islamic law. Several schools of Islam do indeed prescribe the ultimate punishment for those who abandon the faith. And so Mr. Rahman's case may well come down to the interpretive leanings of the court.

Moderate Islamic jurists in some countries have attempted to balance or reconcile these often-conflicting interests. In Egypt, for instance, the Islamic Research Center decreed that although apostasy may be a crime, the time period for redemption is limitless - in other words, it is up to the individual, not the state, to adhere to divine will. The former chief justice of Pakistan, which has explicit anti-blasphemy laws, has written that the death penalty for apostasy is not required by the Koran and conflicts with other Islamic values.

Afghanistan's post-Taliban judiciary, however, has shown a propensity to use Islam as a political weapon. The country's chief justice, Fazil Hadi Shinwari, is a hard-line conservative associated with the Islamist parties of Abdul Rasul Sayyaf and Burhanuddin Rabbani. He has used the court as a bully-pulpit, issuing fatwas on a variety of issues outside his jurisdiction.

For instance, under Justice Shinwari's leadership the Supreme Court has variously attempted to ban co-education; tried to eliminate a rival to President Hamid Karzai from the 2004 elections; and jailed newspaper editors, all in the name of Islam.

In other words, the court has overstepped its bounds and contributed to the radicalization of Afghan politics in the process. To further his aims, Justice Shinwari has packed the lower courts with judges who have Islamic educations but no foundation in Afghan law or experience in the judiciary.

President Karzai has a unique opportunity to change this. Under the Constitution, Mr. Karzai must appoint a new Supreme Court this month, and he sent his slate of nine justices to Parliament for approval last week. Although the current chief justice has retained his position, there are some very promising choices among the eight other justices. They include known moderates, like the former chairman of the Judicial Reform Commission, Bahauddin Baha, and the deputy minister of justice, Qasim Hashimzai, who led a major corruption investigation involving members of President Karzai's cabinet.

These appointments mark President Karzai's first opportunity to compose Afghanistan's Supreme Court under a fully constitutional government. They are of momentous importance to the country's stabilization and the consolidation of its nascent democracy.

By creating a competent, professional and moderate judiciary, President Karzai will help to establish the rule of law. If, however, the court remains in the thrall of ideology and factionalism, Afghanistan's experiment in democracy will be compromised.

But the new judges will be powerless to reform the system unless they are given the political support and resources to do so. International involvement in Afghanistan's justice sector since 2001 has been inadequate. Both the Afghan government and its donors need a strategic vision for the judiciary's future and the political focus to make it a reality.

The new judiciary will need support to review the qualifications of the lower court judges, facilities to train new judges and functioning courthouses in the provinces. It will need to be able to share information, laws and legal decisions among officials throughout the country and to pay judges a living wage.

We must do more than simply react loudly to the most extreme cases, like that of Mr. Rahman. Instead, we must partner with the Afghans and other democratic governments in the Islamic world as they struggle to promote modernity and the rule of law. This means working with judicial systems on less controversial, bread-and-butter issues like criminal law and property disputes.

We have seen throughout the world, and in our own history, that competent and independent judges will stand up for the rule of law even when their decisions indict the powerful and defend the unpopular. Mr. Rahman's case should remind us of how important it is to help Afghanistan develop such judges if we want its democracy to succeed.

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Bestselling author Francis Fukuyama brings together esteemed academics, political analysts, and practitioners to reflect on the U.S. experience with nation-building, from its historical underpinnings to its modern-day consequences. The United States has sought on repeated occasions to reconstruct states damaged by conflict, from Reconstruction in the South after the Civil War to Japan and Germany after World War II, to the ongoing rebuilding of Iraq. Despite this rich experience, there has been remarkably little systematic effort to learn lessons on how outside powers can assist in the building of strong and self-sufficient states in post-conflict situations. The contributors dissect mistakes, false starts, and lessons learned from the cases of Afghanistan and Iraq within the broader context of reconstruction efforts in other parts of the world, including Latin America, Japan, and the Balkans. Examining the contrasting models in Afghanistan and Iraq, they highlight the Coalition Provisional Authority in Iraq as a cautionary example of inadequate planning. The need for post-conflict reconstruction will not cease with the end of the Afghanistan and Iraq missions.

This timely volume offers the critical reflection and evaluation necessary to avoid repeating costly mistakes in the future. Contributors: Larry Diamond, Hoover Institution and Stanford University; James Dobbins, RAND; David Ekbladh, American University; Michèle A. Flournoy, Center for Strategic and International Studies; Francis Fukuyama, Paul H. Nitze School of Advanced International Studies, Johns Hopkins University; Larry P. Goodson, U.S. Army War College; Johanna Mendelson Forman, UN Foundation; Minxin Pei, Samia Amin, and Seth Garz, Carnegie Endowment for International Peace; S. Frederick Starr, Central Asia Caucacus Institute at Johns Hopkins School of Advanced International Studies; F. X. Sutton, Ford Foundation Emeritus; Marvin G. Weinbaum, University of Illinois at Urbana-Champaign

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Johns Hopkins University Press in "Nation-Building: Beyond Afghanistan and Iraq", Francis Fukuyama, ed.
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Larry Diamond
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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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Allen S. Weiner examines to what degree the global "war on terror" that has erupted since September 11, 2001 fits the "just war" doctrine of international relations or even whether it can properly be considered a war at all in terms of positive international law. Whether or not these labels apply is not merely a matter of academic debate, Weiner notes, but has broader implications for the international legal responsibilities of the United States in Afghanistan, Iraq and other theaters of the "war on terror."

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This paper argues that it is difficult to understand the effects of American democracy promotion abroad without examining the bureaucratic context from which the policy emerges at home. Which actors within the U.S. government are involved in promoting political and economic change abroad? What strategies and conceptual models guide them? What tools and resources do they bring to bear? How does the interaction of American bureaucratic politics affect the impact of American democracy promotion? Articulating this mix of goals, strategies, and resources helps explain incoherent patterns of outcomes on the ground.

This paper explore these questions by reference to the U.S. government's most ambitious democracy promotion efforts of the past decade: the effort to rebuild its former Soviet enemies into a democratic allies in the 1990s. Yet the patterns of American bureaucratic politics are not unique to this democracy promotion effort. While American democracy promotion has changed in tone and substance under the watch of George W. Bush, American domestic politics has powerfully shaped American democracy promotion in similar ways in Iraq, Afghanistan, and beyond.

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In today's global economy, access to resources around the world has never been easier. The high tech industry has always been in the forefront of globalization in lowering costs, acquiring talent as well as serving markets. For instance, Asian countries have long been known for their vast manufacturing bases for western high tech industry.

In recent years, thanks to Y2K, India has become the leader in software outsourcing. China, given its expanding economy as well as its open market direction, has rapidly become the emerging location for multi-national semiconductor companies to outsource their product development amidst China's own burgeoning integrated circuit (IC) industry. Mr. Lee has first-hand experience in building and managing an IC product development center in Shanghai, China. He will discuss the challenges of operating a R&D organization in an environment of different languages and cultures. He will also share his vision of the future of the IC industry in China.

Mr. Lee is Group Vice President and general manager of Timing Solutions Products at Integrated Device Technology, Inc.(IDT), a public semiconductor company of $650 million annual sales, focusing on valued-added solutions for communication, consumer and computing markets. He has been with IDT for the last 22 years and has served various management roles. In 2001, he architected the acquisition of Newave Semiconductor Corporation in China and established the Shanghai Product Development Center for IDT. Before joining IDT in 1984, Mr. Lee spent 5 years at Intel Corporation as a technologist for the early development of flash memory technology. Mr. Lee earned his B.S. degree in Electrical Engineering from National Taiwan University in 1975 and M.S. degree from Case Western Reserve University in 1979.

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Jimmy Lee Group Vice President & General Manager of Timing Solutions Products Speaker Integrated Device Technology, Inc.
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He is at CDDRL as a Humboldt Fellow.

Christoph Zuercher CDDRL Visiting Scholar, Associate Professor Speaker Free University Berlin
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