Foreign Policy
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This talk will analyze the evolution of lawfare, what Jeremy Bentham called "an irregular system of warfare." Meierhenrich introduces lawfare as a conceptually and analytically distinct type of warfare, and a political strategy not previously theorized in any systematic fashion. In his conceptualization, lawfare is a revolutionary strategy for broadcasting power, by which he means a strategy aimed at the systematic and comprehensive overhaul of the foundations of politics and society. This strategy comprises, inter alia, constitutional enactments, ordinary legislation, presidential decrees, and other regulatory instruments. Based on evidence from cases, Meierhenrich illustrates the economy with which the strategy of lawfare may be used and the ingenuity that it requires. Restating an influential aphorism, he shows how law made the state, and the state made law. By so doing, he explains why this irregular system of warfare stands in much higher favor with men in general than that which is carried on by open force -- illustrating the dark side of democracy and the rule of law.

About the speaker:

Jens Meierhenrich is Assistant Professor of Government and of Social Studies at Harvard University, where he is also a Faculty Associate at the Weatherhead Center for International Affairs. He recently served as the Carlo Schmid Fellow in Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia, and has previously worked with Luis Moreno Ocampo, the Chief Prosecutor of the International Criminal Court. Professor Meierhenrich is the author of a genocide trilogy, forthcoming from Princeton University Press, comprising "The Rationality of Genocide," "The Structure of Genocide," and "The Culture of Genocide." His book "The Legacies of Law" on the function of legal norms and institutions in the transition to - and from - apartheid, is currently under review. Meierhenrich's publications also include a series of articles on comparative and international law and politics. Work in progress includes a book on judicial responses to the 1994 genocide in Rwanda, a comparative analysis of international courts and tribunals, and a long-term project on state formation and state collapse. He has conducted extensive field research in several international organizations as well as in Africa, Asia, Europe, and Latin America.

Jens Meierhenrich was a Rhodes Scholar at Oxford University, where he earned a D.Phil. in politics and international relations.

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Jens Meierhenrich Assistant Professor of Government and of Social Studies Speaker Harvard University
Seminars
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Robert R. Amsterdam, founding partner of the international law firm Amsterdam & Peroff, is counsel to the former Yukos head and political prisoner Mikhail Khodorkovsky. For more than 25 years, Mr. Amsterdam has represented corporations and investors in a variety of emerging markets lacking in rule of law, such as Russia, Nigeria, Venezuela, and Guatemala, overseeing complex commercial litigation and advising on political risk. He has delivered speeches before the Carnegie Endowment, the Cato Institute, Georgetown University, University College London, and Chatham House. He has published numerous opinion articles on energy politics and law in the Wall Street Journal, International Herald Tribune, the National Law Journal, the Guardian, and the Independent, among other media. Mr. Amsterdam maintains a blog at www.robertamsterdam.com and is working on a forthcoming book.

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Robert Amsterdam Speaker
Seminars
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Bombing Iran will exacerbate, not resolve problems, Michael McFaul, Larry Diamond and Abbas Milani demonstrate in a new landmark article. "Rather than throw the reactionaries in Tehran a political lifeline in the form of war, the United States should pursue a more subtle approach: contain Iranian agents in the region, but offer to negotiate unconditionally with Iran on all the outstanding issues. Comprehensive negotiations could offer powerful inducements, such as a lifting of the economic embargo and a significant influx of foreign investment and thus create the jobs necessary to persuade Iran to halt nuclear enrichment. If the hard-liners reject the offer, then they would have to contend with an angry Iranian public. Such internal strife would be far preferable to an Islamic Republic united against the attacking forces of the 'Great Satan.'"

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Journal Articles
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Christian Science Monitor
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Michael A. McFaul
Larry Diamond

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Senior Research Fellow at the Moshe Dayan Center for Middle Eastern Studies at Tel Aviv University
JoshuaTeitelbaum082007.jpg PhD
A native of the San Francisco Bay Area, Dr. Joshua Teitelbaum took his B.A. in Near Eastern Studies at UCLA and his M.A. and Ph.D. in Middle Eastern History at Tel Aviv University. He is the author of two acclaimed books: Holier Than Thou: Saudi Arabia's Islamic Opposition (Washington Institute for Near East Policy), and The Rise and Fall of the Hashemite Kingdom of Arabia (New York University Press), a study of the early modern history of Saudi Arabia. His edited volume - for which he has written the introduction - Political Liberalization in the Persian Gulf is forthcoming from Columbia University Press. He has published numerous scholarly articles on the modern Middle East and his work has also appeared in The New Republic and The Jerusalem Report. Dr. Teitelbaum is a Senior Research Fellow at Tel Aviv University's Moshe Dayan Center for Middle Eastern and African Studies, where he studies the politics and history of Saudi Arabia and other Persian Gulf countries, as well as Palestinian issues. He is CDDRL Rosenbloom Visiting Associate Professor for the Spring quarter of 2008.

Teitelbaum was a legislative aide to Congressman Paul N. McCloskey, Jr., of California's 12th District.

He has been a visiting professor in Cornell University's Department of Near Eastern Studies and at the Jackson School of International Studies, University of Washington, and a Visiting Fellow at the Washington Institute for Near East Policy. He has spoken at the Council on Foreign Relations, San Francisco's Commonwealth Club, the Middle East Institute, the Foreign Policy Research Institute in Philadelphia, the US Naval Postgraduate School, the Department of State's Bureau of Intelligence and Research, the Federal Bureau of Investigation, the Central Intelligence Agency, the US Army War College, the Italian Ministry of Defense, Israel's National Security Council, the Israeli Foreign Ministry, and most major university Middle East centers in the US and Canada. His comments and expertise have been sought by the New York Times, the Washington Post, the Wall Street Journal, the Los Angeles Times, Reuters, the Associated Press, the Baltimore Sun, the Jerusalem Post, Ha'aretz, Ma'ariv, Yediot Aharonot, the Straits Times and the Voice of America. He regularly reviews scholarly manuscripts for Cambridge University Press, Oxford University Press, New York University Press, Palgrave, and C. Hurst & Co.

Dr. Teitelbaum is an Associate of the Proteus Management Group, US Army War College Center for Strategic Leadership, under the sponsorship of the Office of the Director, National Intelligence.

CDDRL Visiting Associate Professor, Spring Quarters 2007, 2008 & 2009
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Luis Moreno-Ocampo was unanimously elected by the Assembly of States Parties to the Rome Statute of the International Criminal Court on April 21, 2003. Between 1984 and 1992, as a prosecutor in Argentina, Mr. Moreno-Ocampo was involved in precedent-setting prosecutions of top military commanders for mass killings and other large scale human rights abuses.

He was assistant prosecutor in the "Military Junta" trial against Army commanders accused of masterminding the "dirty war," and other cases of human rights violations by the Argentine military. Mr. Moreno-Ocampo was the prosecutor in charge of the extradition from investigation and prosecution of guerrilla leaders and of those responsible for two military rebellions in Argentina. He also took part in the case against Army commanders accused of malpractice during the Malvinas/Falklands war, as well as in dozens of major cases of corruption.

In 1992, Mr. Moreno-Ocampo resigned as Chief Prosecutor of the Federal Criminal Court of Buenos Aires, and established a private law firm, Moreno-Ocampo & Wortman Jofre, which specializes in corruption control programs for large firms and organizations, criminal and human rights law. Until his election as Chief Prosecutor of the International Criminal Court, Mr. Moreno-Ocampo worked as lawyer and as Private Inspector General for large companies. He also took on a number of pro bono activities, among others as legal representative for the victims in the extradition of former Nazi officer Erich Priebke to Italy, the trial of the chief of the Chilean secret police for the murder of General Carlos Prats, and several cases concerning political bribery, journalists' protection and freedom of expression.

Mr. Moreno-Ocampo also worked with various local, regional, and international NGO's. He was the president of Transparency International for Latin America and the Caribbean. The founder and president of Poder Ciudadano, Mr. Moreno-Ocampo also served as member of the Advisory Board of the "Project on Justice in Times of Transition" and "New Tactics on Human Rights."

Mr. Moreno-Ocampo has been a visiting professor at both Stanford University and Harvard University.

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.

Building 260, Room 113
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Luis Moreno-Ocampo Chief Prosecutor Speaker the International Criminal Court, the Hague
Lectures

Governments devote significant effort and resources to promote democracy outside their borders, but surprisingly little is known about how to bring about a good return on this investment.  The program entitled Evaluating International Influences on Democratic Development aims to fill this void by researching why democracy promotion sometimes works, but often does not.  The program investigates the effects of international programs and the roles played by specific actors.  It also examines how international conditions, such as the Cold War, change the ability of domestic actor

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Sameer Dossani is director of "50 Years is Enough: U.S. Network for Global Economic Justice", a coalition of over 200 U.S. grassroots, women's, solidarity, faith-based, policy, social- and economic-justice, youth, labor, and development organizations dedicated to the transformation of the World Bank and the International Monetary Fund (IMF).

Dossani has been campaigning against the World Bank and IMF since the early 1990s, when he was a student activist at McGill University, Canada. Most recently, he was the executive director of the NGO Forum on the Asian Development Bank, based in Manila, Philippines, where he had the opportunity to work closely with Asian NGOs and peoples movements working for economic justice.

Sponsored by the Program on Global Justice and Stanford Humanities Center.

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Sameer Dossani Director Speaker 50 Years is Enough: U.S. Network for Global Economic Justice
Workshops
Paragraphs

Stock market liberalizations lead private investment booms. In a sample of 11 developing countries that liberalized, 9 experience growth rates of private investment above their non-liberalization median in the first year after liberalizing. In the second and third years after liberalization this number is 10 of 11 and 8 of 11 respectively. The mean growth rate of private investment in the three years immediately following stock market liberalization exceeds the sample mean by 22 percentage points. The evidence stands in sharp contrast with recent work that suggests capital account liberalization has no effect on investment.

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Working Papers
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CDDRL Working Papers
Authors
Peter Blair Henry
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Capital account liberalization was once seen as an inevitable step along the path to economic development for poor countries. Liberalizing the capital account, it was said, would permit financial resources to flow from capital-abundant countries, where expected returns were low, to capital-scarce countries, where expected returns were high. The flow of resources into the liberalizing countries would reduce their cost of capital, increase investment, and raise output (Fischer, 1998; Summers, 2000). The principal policy question was not whether to liberalize the capital account, but when - before or after undertaking macroeconomic reforms such as inflation stabilization and trade liberalization (McKinnon, 1991). Or so the story went.

In recent years intellectual opinion has moved against liberalization. Financial crises in Asia, Russia and Latin America have shifted the focus of the conversation from when countries should liberalize to if they should do so at all. Opponents of the process argue that capital account liberalization does not generate greater efficiency. Instead, liberalization invites speculative hot money flows and increases the likelihood of financial crises with no discernible positive effects on investment, output, or any other real variable with nontrivial welfare implications (Bhagwhati, 1998; Rodrik, 1998; Stiglitz 2002).

While opinions about capital account liberalization are abundant, facts are relatively scarce. This paper tries to increase the ratio of facts to opinions. In the late 1980s and early 1990s a number of developing countries liberalized their stock markets, opening them to foreign investors for the first time. These liberalizations constitute discrete changes in the degree of capital account openness, which allow for a positive empirical description of the cost of capital, investment, and growth during liberalization episodes.

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CDDRL Working Papers
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Peter Blair Henry
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When developing countries announce debt relief agreements under the Brady Plan, their stock markets appreciate by an average of 60% in real dollar terms - a $42 billion increase in shareholder value. There is no significant stock market increase for a control group of countries that do not sign Brady agreements. The stock market appreciations successfully forecast higher future resource transfers, investment and growth. Since the market capitalization of US commercial banks with developing-country loan exposure also rises - by $13 billion - the results suggest that both borrower and lenders can benefit from debt relief when the borrower suffers from debt overhang.

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Working Papers
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CDDRL Working Papers
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Peter Blair Henry
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