International Law
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In this talk, Wellington Shih will provide a historical and legal overview of the Republic of China’s territorial claims in the South China Sea. He will also review the latest developments in the ongoing dispute between the People’s Republic of China, the ROC on Taiwan, and other claimants in the region, including the Philippines, and discuss the South China Sea Peace Initiative proposed by the administration of President Ma Ying-jeou. 

The Possible Approaches for Defusing Tensions in the South China Sea: A Taiwanese Perspective
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Visiting scholar Ministry of Foreign Affairs, Republic of China (Taiwan)
Lectures
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Abstract

The Trans-Pacific Partnership (TPP) is widely regarded as the economic component of the US strategy of “rebalance” to Asia. As a major trading partner of many of the founding members, Taiwan has obvious economic and security interests at stake and is therefore seeking to join the TPP in the next round. But an overlooked aspect of the TPP for Taiwan is its potential impact on sovereignty. Trade agreements provide a revealing window into the evolving conceptions of modern sovereignty. The way Taiwan’s unique form of statehood and international status is defined in trade agreements could strengthen its position under international law and contribute to its national security. This talk will consider how Taiwan was defined as a sui generis legal entity in its application to join the World Trade Organization (WTO) and as a party to the Cross-Straits Economic Cooperation Framework Agreement (ECFA), with lessons for future negotiations to join the TPP.   

 

Speaker Bio

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Joseph Yen-ching Chao
Joseph Yen-ching Chao is an Executive Officer in the Department of International Cooperation and Economic Affairs. A member of Taiwan’s Ministry of Foreign Affairs (MOFA) diplomatic corps since 2005, he has previously served as a German-language interpreter for the Presidential Office, an officer in the Department of Treaty and Legal Affairs, and as a deputy secretary of Taiwan’s permanent mission to the World Trade Organization in Geneva, Switzerland.  He holds an LL.M. from Ruprecht-Karls University in Heidelberg and a Doctor juris from Albert-Ludwige University, Frieberg, Germany. Dr. Chao is in residence at Stanford from May-July 2015, where his research examines Taiwan’s prospects for entry into the Trans-Pacific Partnership (TPP).

 

This event is hosted by the Taiwan Democracy Project.

TPP and Taiwan
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Joseph Yen-ching Chao Visiting Fellow Ministry of Foreign Affairs, Republic of China (Taiwan)
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Arab Reform and Democracy Program
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As part of the Arab Reform and Democracy Program's speaker series, George Mason University scholar Noura Erakat examined the political and legal contexts for the 2014 Gaza war. In July and August of 2014, hostilities in the Gaza Strip left 2,131 Palestinians and 71 Israelis dead, including 501 Palestinian children and one Israeli child. Of Gaza’s 1.8 million residents, 475,000 are living in temporary shelters or with other families because their homes have been severely damaged. The extent of destruction has raised questions around culpability for war crimes on all sides of the conflict.

 

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Abstract:

In July and August, hostilities in the Gaza Strip left 2,131 Palestinians and 71 Israelis dead, including 501 Palestinian children and one Israeli child. Of Gaza’s 1.8 million residents, 475,000 are living in temporary shelters or with other families because their homes have been severely damaged. The extent of destruction has raised questions around culpability for war crimes on all sides of the conflict. International organizations including the United Nations Human Rights Council, Amnesty International and Human Rights Watch have called for independent investigation. At the end of 2014, Palestine deposited a 12(3) application to the ICC for ad-hoc jurisdiction as well as acceded to the Rome Statute, thus granting the International Criminal Court the authority to investigate war crimes conducted in Palestinian territory. Such an investigation would bring both Israel and Palestine under scrutiny for events from this summer and as far back as 2012, and possibly to 2002 when the ICC was first formed to investigate war crimes. This is the third large scale military offensive against the besieged coastal enclave since Israel’s unilateral disengagement in 2005. Given the shortcomings of the ceasefire on August 26, 2014, another attack is seemingly inevitable. How is such civilian carnage possible notwithstanding the humanitarian and human rights legal regimes established to reduce civilian suffering? And what are the prospects for accountability under international criminal law and beyond? This lecture will explore these questions and specifically the prospects for accountability at the ICC. 


Speaker Bio:

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Noura Erakat is a human rights attorney, activist, and an Assistant Professor at George Mason University. Her scholarship investigates the laws of war, human rights, refugee law, and national security. She is a Co-Editor of Jadaliyya, an electronic magazine that leverages scholarly expertise and local knowledge on the Middle East. She has taught International Human Rights Law and the Middle East at Georgetown University since Spring 2009 and before beginning at George Mason University, she was a Freedman Teaching Fellow at Temple University, Beasley School of Law. She has served as Legal Counsel for a Congressional Subcommittee in the House of Representatives, chaired by Congressman Dennis J. Kucinich. She helped to initiate and organize several national formations including Arab Women Arising for Justice (AMWAJ) and the U.S. Palestinian Community Network (USPCN). While an undergraduate student at UC Berkeley, Noura helped launch the first university divestment campaign at UC Berkeley in 2001 and upon graduating from Berkeley Law School, she helped seed BDS campaigns throughout the country uas the National Organizer with the US Campaign to End the Israeli Occupation. There, she also helped initiate federal lawsuits in the U.S. against Israeli officials in for war crimes and crimes against humanity. She has lived and worked throughout the Middle East including as part of a legal fact-finding delegation to the Gaza Strip in the aftermath of Israel’s Winter 2008/09 onslaught and spent the Spring 2010 academic semester in Beirut, Lebanon as a Visiting Scholar at the American University in Beirut.  Noura has appeared on PBS News Hour, BBC World Service, NPR’s “To The Point,” MSNBC's "Up With Chris Hayes," Fox’s “The O’ Reilly Factor,” NBC’s “Politically Incorrect,” Democracy Now, and Al-Jazeera Arabic and English. Her non-scholarly publications have appeared in the New York Times, USA Today, the Los Angeles Review of Books, The Nation, Huffington Post, and Foreign Policy among others.  Most recently, she co-published an anthology entitled Aborted State? The UN Initiative and New Palestinian Junctures. 

 

This event is co-sponsored by the Sohaib and Sara Abbasi Program in Islamic Studies.

 


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Okimoto Conference Room
3rd Floor East Wing
Encina Hall
616 Serra Street
Stanford, California 94305

Noura Erakat Assistant Professor George Mason University
Seminars
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Over the past year and more, Taiwan’s political elite has been deadlocked over the question of deepening economic relations with the People’s Republic of China. This controversial issue has led to a standoff between the executive and legislative branches, sparked a frenzy of social activism and a student occupation of the legislature, and contributed to President Ma Ying-jeou’s deep unpopularity.

On October 17-18, the Taiwan Democracy Project at CDDRL, with the generous support of the Taipei Economic and Culture Office, will host its annual conference at Stanford University to examine the politics of polarization in Taiwan.

This conference will bring together specialists from Taiwan, the U.S., and elsewhere in Asia to examine the sources and implications of this political polarization in comparative perspective. It will include a special case study of the Trade in Services Agreement with China that triggered this past year’s protests, as well as a more general overview of the politics of trade liberalization in Taiwan, prospects for Taiwan’s integration into the Trans-Pacific Partnership and other regional trade agreements, and a consideration of the implications for Taiwan’s long-term democratic future.

Conference speakers will include: Chung-shu Wu, the president of the Chung-hwa Institute of Economic Research (CIER) in Taipei; Steve Chan of the University of Colorado; Roselyn Hsueh of Temple University; Yun-han Chu, the president of the Chiang Ching-kuo Foundation; and Thitinan Pongsudhirak of Chulalongkorn University in Bangkok.


Panels will examine the following questions:

1. What are the sources and implications of political polarization in Taiwan, and how have these changed in recent years?

2. How does Taiwan’s recent experience compare to political polarization in other countries in Asia (e.g. South Korea, Thailand) and elsewhere (the US)?

3. To what extent does the latest political deadlock in Taiwan reflect concern over the specific issue of trade with the People’s Republic of China, versus a deeper, systemic set of problems with Taiwan’s democracy?

4. How are globalization and trade liberalization reshaping Taiwan’s domestic political economy, and what are the prospects for forging a stronger pro-trade coalition in Taiwan that transcends the current partisan divide?


The conference will take place October 17-18 in the Bechtel Conference Room in Encina Hall at Stanford University. It is free and open to the public. 

 

Conference Resources

 

Agenda

Speaker Bios

Presentations

Conference Report

Conference Flyer

 

Conference Papers

 

How Cross-Strait Trade and Investment Is Affecting Income and Wealth Inequality in Taiwan by Chien-Fu Lin, National Taiwan University

 

Generational Differences in Attitudes towards Cross-Straits Trade by Ping-Yin Kuan, Department of Sociology & International Program in Asia-Pacific Studies, National Chengchi University

 

Change and the Unchanged of Polarized Politics in Taiwan by Min-Hua Huang, National Taiwan University; Center for East Asia Policy Studies, The Brookings Institution

 

Social Media, Social Movements and the Challenge of Democratic Governability by Boyu Chen, National Sun Yat-sen University, Institute of Political Science 

 

Coping with the Challenge of Democratic Governance under Ma Ying-jeou by Yun-han Chu, National Taiwan University

 

Taiwan’s Bid for TPP Membership and the Potential Impact on Taiwan-U.S. Relations by Kwei-Bo Huang, National Chengchi University, Department of Diplomacy

 

In the Wake of the Sunflower Movement: Exploring the Political Consequences of Cross-Strait Integration by Pei-shan Lee, National Chung Cheng University, Political Science Department 

 

The Roots of Thailand’s Political Polarization in Comparative Perspective by Thitinan Pongsudhirak, Chulalongkorn University; The Institute of Security and International Studies

 

The Role of the United States in Cross-Strait Economic Integration by Chen-Dong Tso, National Taiwan University

 

The China Factor and the Generational Shift over National Identity by Mark Weatherall, Taiwan Foundation for Democracy

 

Taiwan’s Strategy for Regional Economic Integration by Chung-Shu Wu, Chung-Hua Institution for Economic Research

 

Polarized Electorates in South Korea and Taiwan: The Role of Political Trust under Conservative Governments by Hyunji Lee, Institute of Asian Research, University of British Columbia

 

Polarization in Taiwan Politics by Steve Chan, University of Colorado, Boulder

 

Agenda
Conference Biographies
Taiwan Polarization Conference Flyer
Politics of Polarization in Taiwan: Conference Report
Conferences
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Abstract:

Professor Schuck's new book first identifies the endemic  ineffectiveness of much federal domestic policy as a major cause of public disaffection with Washington.  This disaffection has grown along with the size and ambition of federal programs and  now threatens the very legitimacy of our polity.  Synthesizing a vast amount of social science evidence and analysis,  he argues that this widespread policy failure has little to do with which party dominates Congress and the White house but instead reflects the systemic, structural, institutional obstacles to effective policy.  These deep obstacles to coherent policymaking include our political culture, political actors' perverse incentives, voters' collective irrationality, policymakers' poor information, the government's inherent inflexibility and lack of credibility, the effect of dynamic markets on policy coherence, the inherent limits of law as a policy instrument, a deviant implementation process, and a deteriorating bureaucracy.  Those policies that have succeeded help to explain why most policies fail. Professor Schuck proposes a variety of remedies to reduce government's failure rate.

Speaker Bio:

Peter H. Schuck is the Simeon E. Baldwin Professor of Law Emeritus at Yale University in New Haven, Connecticut.  He has held the Baldwin professorship since 1984, and also served as Deputy Dean of the Law School. Prior to joining the Yale faculty in 1979, he was Principal Deputy Assistant Secretary for Planning and Evaluation in the U.S. Department of Health, Education, and Welfare (1977-79), Director of the Washington Office of Consumers Union (1972-77), and consultant to the Center for Study of Responsive Law (1971-72).  He also practiced law in New York City (1965-68) and holds degrees from Cornell (B.A. 1962), Harvard Law School (J.D. 1965), N.Y.U. Law School (Ll.M. in International Law 1966), and Harvard University (M.A. in Government 1969). 

His major fields of teaching and research are tort law; immigration, citizenship, and refugee law; groups, diversity, and law; and administrative law. He has published hundreds of articles on these and a broad range of other public policy topics in a wide variety of scholarly and popular journals.  His newest book is Why Government Fails So Often, and How It Can Do Better (April 2014).  Earlier books include Understanding America: The Anatomy of An Exceptional Nation (2008) (co-editor with James Q. Wilson; Targeting in Social Programs: Avoiding Bad Bets, Removing Bad Apples (2006)(with Richard J. Zeckhauser); Meditations of a Militant Moderate: Cool Views on Hot Topics (2006); Immigration Stories (co-editor with David A. Martin, 2005); Foundations of Administrative Law (editor, 2d ed., 2004)  Diversity in America: Keeping Government at a Safe Distance (Harvard/Belknap, 2003); The Limits of Law: Essays on Democratic Governance (2000); Citizens, Strangers, and In-Betweens: Essays on Immigration and Citizenship (1998); and Paths to Inclusion: The Integration of Migrants in the United States and Germany (co-editor with Rainer Munz, 1998); Tort Law and the Public Interest: Competition, Innovation, and Consumer Welfare (editor, 1991); Agent Orange on Trial: Mass Toxic Disasters in the Courts (1987); Citizenship Without Consent: Illegal Aliens in the American Policy (with Rogers M. Smith, 1985); Suing Government: Citizen Remedies for Official Wrongs (1983); and The Judiciary Committees (1974). He is a contributing editor of The American Lawyer.

Encina Ground Floor Conference Room

Peter Schuck Simeon E. Baldwin Professor of Law Emeritus Speaker Yale University
Seminars
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Abstract
Preventing tobacco addiction is one of the leading ways to prevent fatal disease, yet many nations have declined to take steps against it. In recent years an international legal effort has begun to fill this void. In this lecture Professor Koh, formerly Legal Adviser of the U.S. State Department, will review the various dimensions of the legal campaign that is now underway.

Harold Hongju Koh is Sterling Professor of International Law at Yale Law School. He returned to Yale Law School in January 2013 after serving for nearly four years as the 22nd Legal Adviser of the U.S. Department of State.

Professor Koh is one of the country’s leading experts in public and private international law, national security law, and human rights. He first began teaching at Yale Law School in 1985 and served as its fifteenth Dean from 2004 until 2009. From 2009 to 2013, he took leave as the Martin R. Flug ’55 Professor of International Law to join the State Department as Legal Adviser, service for which he received the Secretary of State's Distinguished Service Award. From 1993 to 2009, he was the Gerard C. & Bernice Latrobe Smith Professor of International Law at Yale Law School, and from 1998 to 2001, he served as U.S. Assistant Secretary of State for Democracy, Human Rights and Labor.

Building 200 (History Corner)
Room 205
Stanford University

Harold Hongju Koh Sterling Professor of International Law Speaker Yale Law School
Seminars
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