Rule of Law
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Flyer for the seminar "When Rule of Law Promotion Builds Authoritarianism" with headshot of the presenter, Weitseng Chen.

This event is co-sponsored by the Korea Program and Taiwan Program at Shorenstein APARC.

For decades, Taiwan and South Korea have been celebrated as proof that strengthening the rule of law can move authoritarian regimes toward democracy. This talk challenges that view by revisiting the legal histories of Taiwan, South Korea, and China. It identifies two paradigms of rule-of-law promotion: the Cold War “state-first” approach and the post–Cold War “democracy-first” approach. Different in style but similar in outcome, both shared the same flaw: foreign legal aid often reinforced authoritarianism. Taiwan and South Korea’s democratization was not evidence of legal modernization theory, but an outlier. Law is a neutral infrastructural power, and future rule-of-law promotion must be recalibrated to prevent authoritarian capture.

Speaker:

Headshot of Weitseng Chen

Weitseng Chen teaches at the National University of Singapore, specializing in comparative studies of law, politics and economic development in Asia. His published books include Regime Type and Beyond: The Transformation of Police in Asia (CUP 2023), Authoritarian Legality in Asia (CUP 2019), The Beijing Consensus? How China Has Changed the Western Ideas of Law and Economic Development (CUP 2017), Property and Trust Law in Taiwan (Kluwer 2017), and Law and Economic Miracle: Interaction Between Taiwan’s Development and Economic Laws After WWII (in Chinese, 2000). Chen was a Hewlett Fellow at Stanford’s Center for Democracy, Development, and the Rule of Law, and practiced as a lawyer at Davis Polk & Wardwell. He was also a fellow of the Institute for Advanced Study in Berlin. Chen earned his JSD from Yale Law School.

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Philippines Conference Room (C330)
Encina Hall, 3rd Floor
616 Jane Stanford Way, Stanford, CA 94305

Weitseng Chen, Associate Professor of Law, National University of Singapore
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This opinion piece was first published by Project Syndicate >



STANFORD/LOS ANGELES – It is tempting to frame the Sino-American economic rivalry as a clash between engineering doers and lawyerly naysayers, as the Chinese-Canadian analyst Dan Wang does in his new book Breakneck: China’s Quest to Engineer the Future. But this is a false dichotomy, because law is a crucial feature of US capitalism.

We have heard the lawyers-versus-engineers argument before. Forty years ago, Japan’s economic rise induced similar anxieties, most famously articulated in the American sociologist Ezra Vogel’s book Japan as Number One: Lessons for America. Commentators fretted that America was mired in lawsuits while Japan’s best minds were solving problems and driving their country’s meteoric growth. Yet over the ensuing decades, the United States, with its mammoth legal industry, outperformed Japan by a wide margin.

Today’s panic about an Asian economic challenger is equally unwarranted and counterproductive. Invoking national security and the competition with China, Donald Trump’s administration is pursuing increasingly anti-capitalist and legally dubious interventions into private industry, with potentially high costs for American dynamism.

Continue reading at Project Syndicate >

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Invoking national security and the economic rivalry with China, the Trump administration is pursuing legally dubious interventions and control of private industry, with potentially high costs for US dynamism. Like the panic over Japan's rise in the 1980s, the administration's response is unwarranted and counterproductive.

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Noa Ronkin
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Stanford University’s Walter H. Shorenstein Asia-Pacific Research Center (APARC) announced today, in the run-up to World Press Freedom Day, that Bangladesh-focused investigative newsroom Netra News is the recipient of the 2025 Shorenstein Journalism Award. Banned in Bangladesh, Netra News is a Sweden-based, independent platform for public interest journalism that publishes reportage, analysis, and debate on Bangladeshi politics and society. The award recognizes the media outlet for its courageous investigations into high-level corruption and human rights abuses in Bangladesh, defending press freedom, and championing the rule of law and democratic values in the country, one of the world’s most difficult places for practicing journalism. APARC will present the Shorenstein Award to Tasneem Khalil, the platform’s founding editor-in-chief, at a ceremony at Stanford University in autumn 2025.

Sponsored by APARC, the annual Shorenstein Award carries a $10,000 cash prize and honors journalists and journalism organizations for advancing a greater understanding of Asia through outstanding reporting on critical issues in the region. Emulating this purpose, Netra News and its team of editors and reporters have published fearless investigations into human rights violations and corruption in Bangladesh, including extrajudicial killings and acts of torture by security forces, deadly custodial abuse by military personnel, an illegal secret prison run by Bangladesh’s notorious military intelligence agency, and state-sponsored cybercrime

Bangladesh had experienced political corruption for decades and had long been a dangerous environment for journalists. Between 2001 and 2006 — a time when an interim government supported by the military took over — journalists in the country suffered threats, intimidation, harassment, and torture from law enforcement agencies.

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Tasneem Khalil

Investigative reporter Tasneem Khalil experienced the regime’s brutality firsthand. A pioneer of investigative journalism in Bangladesh and author of Jallad: Death Squads and State Terror in South Asia, Khalil had worked for the Bangladeshi English-language Daily Star, consulted Human Rights Watch, and was a news representative for CNN. In 2007, he was arrested and tortured by Bangladesh’s military intelligence agency in response to his reports on human and civil rights violations by state forces. He was released thanks to international pressure and, after several weeks spent in hiding, escaped Bangladesh and took refuge in Sweden.

Over the next decade, press freedom in Bangladesh steadily declined as then-Prime Minister Sheikh Hasina and her ruling party, the Awami League, tightened their grip by brutally harassing and silencing opposition voices and independent civil society figures. To stifle peaceful dissent and curb free expression, the government passed draconian laws, such as the 2018 Digital Security Act (DSA), under which journalists and critics of the Awami League were routinely targeted and prosecuted.

Khalil launched Netra News on December 26, 2019, to hold Bangladesh’s government and security forces accountable and defend fundamental freedoms in the country. Within 48 hours of publishing its first exposé on alleged ministerial corruption, its site was blocked in Bangladesh. Since then, Khalil has overseen Netra News’ growth into the country’s premier independent, non-partisan investigative media outlet, combining offshore human rights-centric public interest journalism with on-the-ground reporting. 


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Operating amid severe risks, Netra News has become a vital force for speaking truth to power and defending the rule of law in Bangladesh. Under Tasneem Khalil’s leadership, its investigations have pushed the boundaries of accountability journalism and innovative storytelling.
Gi-Wook Shin
Director, APARC

The newsroom's bold coverage, published in English and Bangla, has earned international recognition, including a Sigma Award, a Human Rights Press Award, and a Global Shining Light Award. In summer 2024, as mass student-led protests against Ms. Hasina broke out across Bangladesh and authorities imposed violent crackdowns and internet blackouts, Netra News emerged as a rare source of non-partisan information on the unfolding events. The protests toppled Hasina’s authoritarian government, whose actions may amount to crimes against humanity, according to a recent United Nations report.

“Operating amid severe risks, Netra News has become a vital force for speaking truth to power and defending the rule of law in Bangladesh,” said Stanford sociologist Gi-Wook Shin, the William J. Perry Professor of Contemporary Korea and the director of APARC. “Under Tasneem Khalil’s leadership, the newsroom investigations have pushed the boundaries of accountability journalism and innovative storytelling. We are excited to honor Netra News with the 2025 Shorenstein Journalism Award and recognize Mr. Khalil’s fight for human rights and press freedom.”

Presented annually by APARC, the Shorenstein Award honors the legacy of APARC’s benefactor, Mr. Walter H. Shorenstein, and his twin passions for promoting excellence in journalism and understanding of Asia. The judging committee for the award, which selected Netra News as the 2025 honoree, noted that the newsroom’s work will be crucial as Bangladesh, now led by an interim government headed by Nobel Laureate Muhammad Yunus, tries to pursue constitutional reform, safeguard what young people have made possible, and avert a return to authoritarian rule.

The judging committee members are William Dobson, co-editor of the Journal of Democracy; Anna Fifield, Asia-Pacific Editor of the Washington Post and recipient of the 2018 Shorenstein Journalism Award; James Hamilton, vice provost for undergraduate education, Hearst Professor of Communication, and director of the Stanford Journalism Program at Stanford University; Louisa Lim, associate professor, audio-visual journalism culture and communication at the University of Melbourne; and Raju Narisetti, partner and leader of McKinsey Global Publishing, McKinsey & Company.

Twenty-three honorees previously received the Shorenstein award, including most recently Chris Buckley, chief China correspondent for the New York Times; India's premier magazine of long-form journalism The Caravan; NPR’s Emily Feng for her work as Beijing correspondent; Swe Win, editor-in-chief of the independent Burmese news organization Myanmar Now; Tom Wright, co-author of the bestseller Billion Dollar Whale and a veteran Asia reporter; and Nobel Laureate Maria Ressa, CEO and executive editor of the Philippines-based news organization Rappler.

Information about the 2025 Shorenstein Journalism Award ceremony and panel discussion featuring Mr. Khalil will be forthcoming in the fall quarter.

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Photo of Stanford Main Quad and logos of APARC and media outlet Netra News, winner of the 2025 Shorenstein Journalism Award.
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Sponsored by Stanford University’s Shorenstein Asia-Pacific Research Center, the 24th annual Shorenstein Journalism Award honors Netra News, Bangladesh's premier independent, non-partisan media outlet, for its unflinching reportage on human rights abuses and corruption in Bangladesh and its efforts to establish and uphold fundamental freedoms in the country.

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Shorenstein APARC's annual report for the academic year 2023-24 is now available.

Learn about the research, publications, and events produced by the Center and its programs over the last academic year. Read the feature sections, which look at the historic meeting at Stanford between the leaders of Korea and Japan and the launch of the Center's new Taiwan Program; learn about the research our faculty and postdoctoral fellows engaged in, including a study on China's integration of urban-rural health insurance and the policy work done by the Stanford Next Asia Policy Lab (SNAPL); and catch up on the Center's policy work, education initiatives, publications, and policy outreach. Download your copy or read it online below.

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In a workshop hosted jointly by the Center on Democracy, Development and the Rule of Law and the Southeast Asia Program of the Walter H. Shorenstein Asia-Pacific Research Center on March 9, 2023, scholars discussed the setbacks and prospects for democracy in Southeast Asia. The workshop included Stanford affiliates, visiting scholars at the Freeman Spogli Institute for International Studies (FSI), and political scientists from several universities and research institutions in Japan, whose visit to Stanford was funded by the Japanese Society for the Promotion of Science.

Democracies in Southeast Asia face challenges found among other democracies around the globe, including pervasive corruption, political polarization, and the spread of disinformation on social media.


These issues were prominent in the workshop presentations and discussions. At one point, APARC visiting scholar Gita Wirwajan used the opportunity to urge Stanford, being in Silicon Valley, to speak louder against the information-degrading effects of social media.

Scholars also discussed the other distinctive and challenging conditions in which democracy, development, and the rule of law must take root in Southeast Asia, including monarchial traditions, religious diversity, and proximity to China. Such topics ranged widely, from Islamic Law in the Indonesian province of Aceh through China-funded infrastructure in Myanmar to the Mindanao conflict in the Philippines.

Waseda University Associate Professor and CDDRL Visiting Scholar Marisa Kellam co-chaired the workshop’s panels and roundtables with APARC’s Southeast Asia Program Director and CDDRL Affiliated Faculty Donald Emmerson. On the panels, Kana Inata (Tokyo Metropolitan University) and Ruosui Zhang (Waseda University) presented papers for discussion by Michael Bennon and Francis Fukuyama (both Stanford). The roundtables featured papers or remarks by Lisandro Claudio (UC Berkeley), Reza Idria (Ar-Raniry State Islamic University), Yuko Kasuya (Keio University), Aya Watanabe (Institute of Developing Economies), and Gita Wirwajan (Ancora Group). Several Stanford students in the Masters of International Policy program attended the workshop and took part in the discussion, and we were pleased to welcome representatives from the Consulate General of both Indonesia and the Philippines as well.

Perspectives from Indonesia and the Philippines


The morning roundtable offered the two Indonesian scholars’ perspectives on democracy, development, and the rule of law in Indonesia. Idria, while acknowledging that Aceh in democratic Indonesia is almost a state inside a state, situated the province within larger socioeconomic and religious contexts. Wirjawan argued that Indonesia’s democracy needs to become meritocratic, which he linked to the need for improved education.

The afternoon roundtable on the Philippines focused on Bongbong Marcos’s victory in the 2022 Philippine presidential election. According to Claudio, Bongbong’s opponent had run on a good governance platform that failed to persuade voters accustomed to the dynastic personalism of Philippine politics. Kasuya augmented Claudio’s account with reference to the disinformation circulating through social media and the disintegration of political parties and other accountability institutions during Rodrigo Duterte’s presidency. Watanabe’s scope included previous Philippine presidents, specifically their efforts to obtain legislative approval of the settlements negotiated to end the Mindanao insurgency.

Understanding Global Trends


In addition to the roundtable discussions on Indonesia and the Philippines, panel presentations at the workshop used Southeast Asian cases to understand global trends. Zhang’s research on the changing fate of the China-invested Myitsone dam project in Myanmar demonstrated that a developing country undergoing semi-democratic political change would not necessarily kowtow to Beijing. Inata compared the power of monarchs and described how monarchies have contributed to autocratization in Southeast Asia.

For Prof. Emmerson, the workshop’s value reflected the crucial and generous role played by Prof. Kellam in organizing the event; the scope and quality of its findings and interpretations; its coverage of an important region that lacks the attention Northeast Asia receives; and the all too rare collaboration that the workshop achieved between differently specialized components of Stanford University.

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From Left to Right: Yuko Kasuya, Lisandro Claudio, Donald Emmerson, Aya Watanabe, Marisa Kellam, Ruosui Zhang, Reza Idria, Francis Fukuyama, Michael Bennon, and Kana Inata.
From left to right: Yuko Kasuya, Lisandro Claudio, Donald Emmerson, Aya Watanabe, Marisa Kellam, Ruosui Zhang, Reza Idria, Francis Fukuyama, Michael Bennon, and Kana Inata.
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Scholars from Asia joined faculty and researchers from Stanford University’s Freeman Spogli Institute (FSI) to present research and reflections on various topics and cases from the Southeast Asia region, including the monarchy in politics, peace-making in the Philippines, Chinese infrastructure investments in Myanmar, illiberalism in the Philippines, and Islamic law in Indonesia.

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Workshop on Democracy, Development, and the Rule of Law in Southeast Asia

This workshop brings together scholars from Asia and the Freeman Spogli Institute at Stanford University to discuss the state of democracy, development, and the rule of law in Southeast Asia. Through these broad lenses, the participants will present research and reflections on various topics and cases from the region, including the monarchy in politics, peace-making in the Philippines, Chinese infrastructure investments in Myanmar, illiberalism in the Philippines, and Islamic law in Indonesia.

Event Co-Chairs:

Marisa Kellam
Associate Professor, Waseda University and Visiting Scholar at CDDRL

Donald K. Emmerson
Director, Southeast Asia Program of Shorenstein APARC

9:30 – 10:00 AM — Coffee and Introductions

10:00 – 10:45 AM — Political and Social Risks of the BRI: China’s overseas infrastructure investment projects in Myanmar
Presenter: Ruosui Zhang, Ph.D. Candidate, Waseda University
Discussant: Mike Bennon, Research Scholar, Global Infrastructure Policy Research Initiative at CDDRL, Stanford University

Developing countries are not passive takers of China’s loans and investments, an oft-overlooked aspect in the political economy of China’s foreign investment. Tracing the changing fate of the Myitsone dam in Myanmar, this presentation will argue that an increase in accountability from military dictatorship to semi-democracy explains the suspension of the project by the Myanmar government in 2011. It will also argue that the change in the leadership’s ideology from the quasi-civilian to a civilian government explains why the project did not encounter further setbacks even though the accountability level increases in Myanmar in 2016. 

10:45 – 11:30 AM — Roundtable discussion on Democracy, Development and the Rule of Law in Indonesia
Reza Idria, Assistant Professor, Ar-Raniry State Islamic University
Gita Wirjawan, Chairman, Ancora Group

This roundtable discussion will offer the perspectives of renowned Indonesia scholars on democracy, development and the rule of law in their country. In particular, Reza Idria will discuss the social and political responses to Sharia in Aech, and its broader implications for the rule of law in Indonesia. Gita Wira will speak about prospects and challenges for Indonesian democracy and development, including his expectations for the outcome and impact of elections next year.

11:30 AM – 12:30 PM — Lunch and Informal Discussion 

12:30 – 1:15 PM — Monarchy and Autocratization: Cases in Southeast Asia
Presenter: Kana Inata, Associate Professor, Tokyo Metropolitan University
Discussant: Francis Fukuyama, Professor and Olivier Nomellini Senior Fellow at CDDRL, Stanford University

Focusing on Southeast Asian monarchies, this presentation will highlight monarchs’ involvement in processes of autocratization in the region. The talk will contend that the monarchy intervenes directly as an autocratizer in Malaysia and Brunei, whereas the monarchy is used indirectly to justify autocratization by government actors in Thailand and Cambodia. In making these claims, the talk will clarify the boundaries between monarch’s de jure and de facto interventions in politics and will consider monarchical accountability. 

1:15 – 2:30 PM — Roundtable discussion on Democracy and the Rule of Law in the Philippines
Aya Watanabe (Researcher, Institute of Developing Economies-JETRO)
Lisandro Claudio (Associate Professor, UC Berkeley)
Yuko Kasuya (Professor, Keio University)

This discussion will consider the nature of democracy and its impact on the rule of law in the Philippines. Aya Watanabe will argue that the electoral prospects of politicians have complicated peace-making in the Mindanao conflict given that the negotiated settlements must be approved and implemented within the democratic political system. Both Lisandro Claudio and Yuko Kasuya will offer reflections on the May 2022 Philippine presidential election, and the pervasiveness of illiberalism, corruption, and violence in Philippine democracy more generally.

2:30 – 3:00 PM — Reflections 
Co-chairs and participants
 

Philippines Conference Room
Encina Hall, Third Floor, Central, C330
616 Jane Stanford Way, Stanford, CA 94305

This event is open to Stanford affiliates and invited guests only.

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Event flyer with portrait of speaker Daniel Leese.

This event is co-sponsored by the German Historical Institute, Pacific Office Berkeley and the ZEIT-Stiftung Ebelin und Gerd Bucerius. 

After the founding of the People’s Republic of China, the Chinese Communist Party (CCP) faced a major predicament. Since the new leadership did not allow a free exchange of opinions, the problem was how to obtain reliable information and prevent the circulation of rumors and “fake news.” To deal with this “dictator’s dilemma,” the CCP developed a two-pronged approach. Besides public news items that catered to the mobilizational aspects of party policies, it established secret feedback channels, the so-called neican, or internal reference, bulletins. These were strictly tasked with separating facts from opinion to provide the leadership with an objective account of developments in China and abroad. Over time, a distinct system for the controlled circulation of intelligence, an “information order,” took shape. In this talk, Leese will outline some general features of this information order and comment on whether it was able to circumvent the problem of information bias in authoritarian systems.

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Daniel Leese Headshot
Daniel Leese is professor of Chinese history and politics at the University of Freiburg, Germany. He is, among others, the author of Mao cult. Rhetoric and Ritual during China’s Cultural Revolution (CUP 2011) and Mao’s Long Shadow: How China dealt with its Past (in German), which won the ICAS Best Book Award and was shortlisted for the German Non-Fiction Award. He currently works on a new project that traces what the party leadership knew about domestic and international affairs through secret communication channels.

Andrew G. Walder

In-Person at Okimoto Room, Encina Hall 3rd Floor

Daniel Leese
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The Freeman Spogli Institute for International Studies (FSI) at Stanford University is pleased to announce that Stephen Kotkin has been appointed to the position of FSI Senior Fellow, effective September 1, 2022.

Kotkin is based at FSI’s Shorenstein Asia-Pacific Research Center (APARC), and is affiliated with FSI’s Center on Democracy, Development and the Rule of Law, as well. He holds a joint appointment with the Hoover Institution as the Kleinheinz Senior Fellow.

"Stephen is a remarkable academic and public intellectual whose work has transformed our understanding of Russian history and the historical processes that have shaped today’s global geopolitics,” said APARC Director Gi-Wook Shin. “We are proud to have him as our colleague at APARC and are excited to work together to expand the center’s scholarship on the role and impact of the Eurasian powers in the era of great-power competition."

Prior to joining FSI, Kotkin was the Birkelund Professor of History and International Affairs in what was formerly known as the Woodrow Wilson School at Princeton University, where he taught for 33 years. He now holds that title as emeritus. In addition to founding and running Princeton’s Global History Initiative, Kotkin directed the Princeton Institute for International and Regional Studies and served as the founding co-director of the Program in History and the Practice of Diplomacy. He chaired the editorial board of Princeton University Press.

“Joining the ranks of the phenomenal scholars at FSI is a dream come true,” Kotkin stated.

Stephen is a remarkable academic and public intellectual whose work has transformed our understanding of Russian history and the historical processes that have shaped today’s global geopolitics.
Gi-Wook Shin
Director of Shorenstein APARC

Kotkin’s scholarly contributions span the fields of Russian-Soviet, Northeast Asian, and global history. His publications include Stalin: Waiting for Hitler, 1929-1941, and Stalin, Vol. I: Paradoxes of Power, 1878-1928, part of a three-volume history of Russian power in the world and of Stalin’s power in Russia.

"I am thrilled to welcome Stephen to FSI this fall,” said FSI Director Michael McFaul. “He is an excellent addition to the cutting-edge research and teaching team at APARC, and I look forward to seeing the important impact he makes in his new role."

Kotkin writes reviews and essays for The Times Literary Supplement, Foreign Affairs, and The Wall Street Journal, among other publications. He was the business book reviewer for the New York Times Sunday Business Section for a number of years. He earned a bachelor’s degree at the University of Rochester in 1981 and received a Ph.D. at UC Berkeley in 1988, and during that time took a graduate seminar at Stanford.

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Stephen Kotkin joins the Freeman Spogli Institute for International Studies as a senior fellow working at the Walter H. Shorenstein Asia-Pacific Research Center.
Stephen Kotkin, an expert in authoritarianism and geopolitics, joins the Freeman Spogli Institute for International Studies as a senior fellow working with the Walter H. Shorenstein Asia-Pacific Research Center.
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Kotkin’s research interests include authoritarianism, geopolitics, global political economy, and modernism in the arts and politics.

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This interview with Scot Marciel was originally published by The Irrawaddy. Marciel, who served as U.S. ambassador to Myanmar from March 2016 through May 2020, is a visiting practitioner fellow on Southeast Asia at APARC. His forthcoming book, Imperfect Partners: The United States and Southeast Asia, which interprets the region and its relations with the United States historically and at present, will be published by APARC later this year.


Since it seized power in February 2021, Myanmar’s military regime has ignored international calls to end its use of violence, release political prisoners and negotiate with its opponents. Some Western nations have applied sanctions, while powerful neighbors India and China have largely sought to protect their own interests. Regional bloc ASEAN has been split, with some members seeking to engage the junta and others calling for contact with the shadow National Unity Government. The Irrawaddy spoke to Scot Marciel, former United States ambassador to Myanmar (2016-20) and currently a Visiting Scholar at Stanford University’s Walter Shorenstein Asia-Pacific Research Center, about the current state of regional and international efforts to tackle the Myanmar crisis.

The Irrawaddy: There have been many tragic stories in Myanmar since the coup. It is not enough to just pressure the regime to change its behavior or to make concessions. Can you talk about how the international community and regional groupings such as the Association of Southeast Asian Nations (ASEAN) should assist the Myanmar people?

Marciel: I would offer two thoughts. First, I don’t think you can expect ASEAN to solve this problem, certainly not by itself. The ASEAN Five-Point Consensus, while it’s done with very good intentions, not only are the points not being implemented, they are actually not appropriate for the situation in Myanmar in my view. So it is a mistake to dwell on the Five-Point Consensus. I don’t really blame ASEAN too much for that because the junta is refusing to be reasonable at all and make any kind of concessions. Second, as Malaysia’s foreign minister has suggested publicly, more engagement with the National Unity Government (NUG) and other figures opposed to the junta is really important. I am pleased to see that [US] Deputy Secretary of State Wendy Sherman met with Zin Mar Aung [the NUG foreign minister, on Aug. 12] in Washington. I think there needs to be more engagement with the NUG and other actors, recognizing that trying to convince the generals to hold talks with those who oppose them is not really a very useful way of going about things.

The Irrawaddy: Do you think the NUG is the best option, aside from Ethnic Armed Organizations (EAOs) and other stakeholders, in terms of whom the US and ASEAN should be engaging with?

Marciel: I know some people have not been fully satisfied with the NUG. I understand that, but it’s certainly one important factor that has a lot more legitimacy than the junta for sure. I think it is useful to engage with the NUG, but also with actors who are seeking to return the country to a democratic and peaceful path.

The Irrawaddy: When we talk about ASEAN there are some criticisms because so far the Five-Point Consensus as you said is going nowhere, but people keep talking about it. We, ourselves, have become the hostages of the consensus. Beyond ASEAN, there has also been some criticism that the US and other Western countries are outsourcing the Myanmar crisis to ASEAN. We know that ASEAN is toothless and powerless, and so far has achieved little on Myanmar. Why has the West outsourced the problem to ASEAN?

Marciel: To be fair, at least for the United States, I don’t think the United States is necessarily expecting ASEAN by itself to solve the problem. The truth is I don’t know any outside player that can solve the problem. ASEAN can help. This goes back to, among other things, the Five-Point Consensus. It’s not just that the points aren’t being implemented, they really aren’t appropriate for the situation. A ceasefire… OK If the military stops all violence and allows peaceful protests, that would be useful. But does anyone really think that is going to happen? Second, dialogue, my sense is, again I can’t speak for the Myanmar people, but it seems people aren’t interested in negotiating and compromising with the military junta. They want them out of power. And I think the international community should be supporting those efforts, rather than proposing and calling for some kind of dialogue that is completely unrealistic, at least at this time.

Maximum pressure, both internally and externally, on Myanmar’s military, whether it’s by sanctions or other means, is the best chance of achieving progress, though it won’t be easy.
Amb. Scot Marciel

The Irrawaddy: In the past, the US has played a major role in promoting democracy, freedom and federal union in Myanmar. You know in 2008-09, we had Kurt Campbell, one of the key architects of the pivot to Asia and of course specific Myanmar policies of principled engagement, and the carrot-and-stick approach, where sanctions were imposed but also with the incentive that if reforms took place, the sanctions would be eased. There was very consistent and intense communication with the-then regime and the opposition in Myanmar. Do you think that, in coordination with ASEAN, the US can work on Myanmar issues with the same vigor and energy as it did in the late 2000s?

Marciel: It’s a good question. It’s very clear that the US and the Biden administration remain very supportive of efforts to help the country go back to democracy and peace and federal union. But my sense is that it’s hard to figure out what they can actually do to make that happen. There’s not a lot of easy choices, whether it’s the United States or ASEAN, because the generals do not seem interested in doing anything positive, they are just holding onto power. We’ve seen what they are willing to do to their own people for the sake of holding power. And it narrows the space for diplomacy, certainly. I would have a very hard time if I were still in the government saying we should engage with the junta and try to create incentives for them because I think there is no chance, absent them feeling much more pressure, that they are willing to seriously consider changing their approach.

The Irrawaddy: Do you think there should be more sanctions, more pressure, including maybe an arms embargo? What about ASEAN and other countries like China, Thailand, and India?

Marciel: There is no great option right now. I don’t believe there is, at this point at least, any opportunity for dialogue that will return the country to a democratic path or democratic federalism. I don’t think the military can restore stability and govern the country effectively. So the best possible scenario is for the military to face so much pressure, that they then begin to look for a way out. So yes, I think maximum pressure, both internally and externally, on the military whether it’s by sanctions or other means is the best chance of achieving progress, though it won’t be easy.

The Irrawaddy: We have a powerful neighbor, China, which shares a long border with Myanmar. We also have our neighbor Thailand, which is absorbing refugees, migrant workers, and asylum seekers. Because of the crisis, they are also sharing the burden. Obviously, China is always supportive of those in power, whether it is the regime or a democratic government. If China and Thailand don’t make any moves, don’t apply any external pressure, it is hard to see any policy of maximizing pressure on the regime working. Do you agree?

Marciel: I agree that there are limits in terms of external pressure. That’s why there is no easy answer. It seems that China is willing to support the junta even though nearly the entire population of Myanmar opposes that. I don’t think that is likely to change. On Thailand, I hope that the Thai authorities will see that the longer the military is in power, the more problems there are going to be across the border, including refugees and instability. And the Thais, I think, will have an interest in pressing in their own way, pressing the military to look for a way out, because otherwise this crisis is going to continue and Thailand’s going to suffer from some of these cross-border challenges, including very serious humanitarian issues.

The Irrawaddy: We have heard that the regime is not happy with the idea of—the wording is quite sensitive—a humanitarian corridor. But Thailand will have to play a key role if cross-border assistance and humanitarian assistance are to reach a large number of Myanmar people. What are your thoughts on that, as the US has made at least four high-ranking official visits to Thailand since the coup? Should the Biden administration engage and cooperate with the Thai government to provide assistance?

Marciel: There is a lot of discussion between the US and Thai officials on this. I don’t know the substance of those discussions. I am not sure what exactly has been said. But to me the United States and Thailand, even if we may have somewhat different views on the coup and the junta, we should try to find a way to work together at a minimum to address the serious humanitarian need right along the Thai border and just across the border. You know it is not easy for Thailand as a neighbor of Myanmar having to deal with the junta. But I think there are ways that this could be done carefully and I assume that these discussions are happening between the United States and Thailand. I hope that they lead to greater and more successful efforts to get humanitarian assistance to the border and across the border on behalf of Myanmar people.

The Irrawaddy: Not only Thailand but, since 1988, the US has also been one of the more generous countries in taking Myanmar refugees and asylum seekers from the Thailand-Myanmar border. This time, again, we see the educated people, the middle class, technicians, professionals, artists, media, and IT people leaving Myanmar. It is a brain drain for Myanmar, but a brain gain for the countries they go to. Do you agree that those people are hugely beneficial to those societies?

Marciel: Yes, I agree. I think, the US processing of…I hate to sound bureaucratic, but you know working to welcome refugees is not a fast process, because there are so many refugees around the world who are seeking asylum in the United States and other places. The US does, as you said, have a long record of accepting and welcoming refugees from Burma/Myanmar. I expect that will continue. I mean, it serves one aspect. A lot of people want to go back to the country and contribute, but right now the conditions aren’t right. For those who definitely want to leave, I think the United States will continue to welcome them. But there is a process because there are so many refugees around the world now.

The Irrawaddy: In Myanmar, as in any country, the people need a professional military, but not the one we have right now. That’s why people have taken up arms against it and the regime. You wrote an article about the Myanmar military last year. Can you talk about reform in the military and security sector?

Marciel: It is too bad that the situation has reached the point that people feel like they have no choice but to take up arms. I don’t judge them for that. It is unfortunate. But the military took away the peaceful option for people to protest or express their views against the junta. It is understandable why a number of people have taken up arms. I wrote the article because I was hearing from some people in the region and around the world saying well, the Myanmar military is an essential institution and one of the country’s few unifying institutions. I disagree. In theory, it should be a unifying institution, but it hasn’t been one. It’s been one that has been a source of so much division and so much conflict. I am sure that there are individuals in the military who would like to work in a professional military but, at least at the leadership level, the culture of brutality and impunity is so deeply ingrained that I don’t think you can reason with these generals. I think Myanmar does need a military, but a dramatically reformed military that will be answerable to the civilian government and that, over many years, will adopt a very different culture and will respect human rights instead of waging war on the people.

Phot of Scot Marciel

Scot Marciel

Visiting Practitioner Fellow on Southeast Asia, APARC
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The Irrawaddy spoke to Scot Marciel, former United States ambassador to Myanmar and currently a visiting scholar at APARC, about the current state of regional and international efforts to tackle the Myanmar crisis.

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This event is available through livestream only. Please register in advance to receive a personalized link to watch the webinar:  https://bit.ly/3tNN7wG

Myanmar Back into Darkness: 2021 Shorenstein Journalism Award Recipient Swe Win to Headline Award Panel Discussion

The military coup in February 2021 put an abrupt end to hopes of democracy and liberty in Myanmar.  With every form of free speech now brutally suppressed, one of the major victims of the coup has been the independent press. Newsrooms were raided and dozens of journalists have been arrested. Several publications, including Myanmar Now, had their operating licenses revoked and their websites blocked. Most of the staff of the news outlets targets by the junta were forced to flee to territories along the country's border areas controlled by ethnic armed organizations. From there, they continue their professional work despite the threats to their lives and logistical difficulties.  
 

Join APARC as we honor Burmese investigative journalist Swe Win, editor-in-chief of Myanmar Now and winner of the 2021 Shorenstein Journalism Award. In his award keynote address, Swe Win will speak about journalism under threat in Myanmar, what it is like to report on the crisis in the country from outside while in exile, and Myanmar’s future.

The keynote will be followed by a conversation with Swe Win and two experts: Scot Marciel, a career diplomat, former U.S. ambassador to Myanmar, and currently a visiting practitioner fellow on Southeast Asia at APARC, and Eileen Donahoe, executive director of the Global Digital Policy Incubator at Stanford.

The event will conclude with an audience Q&A session moderated by Donald K. EmmersonDirector of the Southeast Asia Program at APARC.

Follow us on Twitter and use the hashtag #SJA21 to join the conversation.

Speakers:

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Photo of Swe Win, winner of 2021 Shorenstein Journalism Award
Swe Win is a Burmese journalist, human rights defender, and the chief editor of Yangon-based news outlet Myanmar Now. He has survived an assassination attempt and detention by his own government. Now he leads Myanmar Now from exile and his newsroom is in hiding.

Swe Win has written extensively on human rights cases that involve physical injury or death, unlawful detention or miscarriage of justice in Myanmar. He is the recipient of the 2019 Ramon Magsaysay Award for Emergent Leadership, which is regarded as Asia's equivalent of the Nobel Prize, the 2017 European Union’s Schuman Award for Human Rights, and the 2016 Presidential Certificate of Honor for Social Service through Journalism from the Myanmar Ministry of Information for his groundbreaking investigation into years-long abuse of domestic workers at a Yangon tailor shop.

Previously, he worked as a senior reporter for the Irrawaddy Magazine and freelanced for international publications such as the New York Times. From 1998 to 2005, he spent seven years in jail for distributing anti-junta material.

Photograph: Thet Htoo for the Mekong Review - https://mekongreview.com/cause-and-karma

 

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Photo of Eileen Donahoe
Eileen Donahoe is the executive director of the Global Digital Policy Incubator (GDPI) at the Cyber Policy Center at Stanford University’s Freeman Spogli Institute for International Studies. GDPI is a global multi-stakeholder collaboration hub for development of policies that reinforce human rights and democratic values in digitized society. Areas of current research include AI and human rights, combating digital disinformation, and governance of digital platforms.

Donahoe served in the Obama administration as the first U.S. Ambassador to the UN Human Rights Council in Geneva, at a time of significant institutional reform and innovation. After leaving government, she joined Human Rights Watch as director of global affairs, where she represented the organization worldwide on human rights foreign policy, with special emphasis on digital rights, cybersecurity, and internet governance. Earlier in her career, she was a technology litigator at Fenwick & West in Silicon Valley.

She serves on the National Endowment for Democracy Board of Directors; the Transatlantic Commission on Election Integrity; the World Economic Forum Future Council on the Digital Economy; University of Essex Advisory Board on Human Rights, Big Data and Technology; NDI Designing for Democracy Advisory Board; Freedom Online Coalition Advisory Network; and Dartmouth College Board of Trustees.

 

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Photo of Scot Marciel
Scot Marciel is a career diplomat with 35 years of experience in Asia and around the world. He is currently a visiting practitioner fellow on Southeast Asia at Shorenstein APARC.

Mr. Marciel served as U.S. Ambassador to Myanmar from March 2016 through May 2020, leading a mission of 500 employees during the difficult Rohingya crisis and a challenging time for both Myanmar’s democratic transition and the United States-Myanmar relationship. Prior to serving in Myanmar, Ambassador Marciel served as Principal Deputy Assistant Secretary for East Asia and the Pacific at the State Department, where he oversaw U.S. relations with Southeast Asia.

In previous roles, he served as U.S. ambassador to Indonesia, the first U.S. ambassador for ASEAN Affairs, deputy assistant secretary of state for Southeast Asia, at U.S. missions in Turkey, Hong Kong, Vietnam, Brazil and the Philippines, and at the State Department in Washington in multiple positions.

 


About the Shorenstein Journalism Award:

The Shorenstein Journalism Award, which carries a cash prize of US $10,000, recognizes outstanding journalists who have spent their careers helping audiences around the world understand the complexities of the Asia-Pacific region, defined broadly to include Northeast, Southeast, South, and Central Asia and Australasia. Award recipients are veteran journalists with a distinguished body of work. News organizations are also eligible for the award.

The award is sponsored and presented by the Walter H. Shorenstein Asia-Pacific Research Center (Shorenstein APARC) at Stanford University. It honors the legacy of the Center’s benefactor, Mr. Walter H. Shorenstein, and his twin passions for promoting excellence in journalism and understanding of Asia. It also symbolizes the Center’s commitment to journalism that persistently and courageously seeks accuracy, deep reporting, and nuanced coverage in an age when attacks are regularly launched on the independent news media, on fact-based truth, and on those who tell it.

An annual tradition, the Shorenstein Journalism Award alternates between recipients whose work has mostly been conveyed through American news media and recipients whose work has mostly been conveyed through news media in one or more parts of the Asia-Pacific region. Included among the latter candidates are journalists who are from the region and work there, and who, in addition to their recognized excellence, may have helped defend and encourage free media in one or more countries in the region.

Learn more at https://aparc.fsi.stanford.edu/events/shorenstein-journalism-award.

Virtual Webinar Via Zoom

Register at: https://bit.ly/3tNN7wG

Swe Win <br><i>Editor-in-Chief, Myanmar Now; 2021 Shorenstein Journalism Award Winner </i><br><br>
Eileen Donahoe <br><i> Executive Director, Global Digital Policy Incubator, Stanford University </i><br><br>
Scot Marciel <br><i> Career Diplomat, Former U.S. Ambassador to Myanmar; Visiting Practitioner Fellow on Southeast Asia, Shorenstein APARC, Stanford University </i><br><br>
Panel Discussions
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