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Over the past few years, Japanese criminal justice has undergone major reform. The most highly publicized change has been the introduction of the "jury" system. Less well known, but of great practical importance, are other reforms, including measures designed to strengthen the adversary system; measures recognizing interests of victims; and significant increases in penalties. Professor Foote has been following Japanese criminal justice for over twenty-five years. His talk will examine the roots of the reforms and the ills they were intended to remedy; the forces that led to their enactment and reaction to them; and the impact to date and future prospects.

This event is co-sponsored with the Center for East Asian Studies.

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Daniel H. Foote Paul I. Terasaki Chair in US-Japan Relations Speaker University of California, Los Angeles
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Dr. Songs talk will focus on the question concerning interpretation and possible application of Article 121 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), in particular its third paragraph, to the selected disputed offshore islands or rocks that are situated in the Sea of Japan, the East China Sea, and the South China Sea. A number of recent developments occurred in the East Asian waters that are relevant to or have the potential to give rise to the problem of interpretation and application of the said article will first be cited. Then, a brief summary of the development of the "Regime of Islands" at UNCLOS III will be given, focusing in particular on those proposals made by the participating delegations to amend or delete entirely Article 121(3) of UNCLOS. The views of the law of the sea experts on interpretation and application of Article 121(3) will be examined. Several selected examples of state practices with regard to the application or interpretation of Article 121(3) will then be provided. This is to be followed by discussing the interpretation and possible application of Article 121(3) to the selected disputed offshore islands that are situated in the East Asian waters. Finally, several suggestions for possible amendment to Article 121 or policy measures to help deal with the confusion found in Article 121(3) will be offered.

Yann-huei Song received his undergraduate degree from National Chengchi University, Taipei, Taiwan, a Master's degree in Political Science from Indiana State University, Indiana, USA, a LL.M. degree from the University of California School of Law (Boalt Hall), Berkeley, California, USA, a doctoral degree in International Relations from Kent State University, Kent, Ohio, USA, and a JSD degree from the University of California School of Law (Boalt Hall), Berkeley.

Following graduation from Kent State University, Dr. Song taught at Department of Political Science, Indiana State University as Assistant Professor in 1988. He then returned to his country and taught as an Associate Professor at Institute of Maritime Law, National Taiwan Ocean University, Keelung, Taiwan in 1990. Currently, Dr. Song is a research fellow at the Institute of European and American Studies, Academia Sinica, Nankang, Taipei, Taiwan, and distinguished professor of the Graduate Institute of International Politics at National Ching Hsing University (NCHU), Taichung, Taiwan. He is also dean of the Office of International Affaris at NCHU.

Dr. Song's research interests are in the fields of International Law of the Sea, International Fisheries Law, International Environmental Law, National Ocean Policy Study, Naval Arms Control and Maritime Security. He has published articles in journals such as Political Geography Quarterly, Asian Survey, Marine Policy, Chinese Yearbook of International Law and Affairs, Issues and Studies, The American Asian Review, Ocean Development and International Law, EurAmerica, Ecology Law Review, the International Journal of Coastal and Marine Law, The Indonesian Quarterly and others.

Philippines Conference Room

Shorenstein APARC
Stanford University
Encina Hall, Room E301
Stanford, CA 94305-6055

(650) 725-2429 (650) 723-6530
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Visiting Scholar
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Yann-huei Song Distinguished Professor the Graduate Institute of International Politics Speaker National Chung Hsing University, Taichung
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This conference will present and discuss new papers aimed at understanding the trends and dynamics of business and innovation in Japan through the lens of entrepreneurial companies, and institutions that affect those companies.

The papers, encompassing disciplines including economics, policital science and law, will be presented on four subject areas:

  • New company formation
  • Industry specific studies
  • Innovation strategies
  • Innovation and entrepreneurship in politics and law

» Presentations/Papers from the event

Bechtel Conference Center

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After a decade of economic institution reforms and consistent growth, the recent recession has sharply curtailed Japan's manufacturing and service activity, even though its banks have endured relatively unscathed. Many in Japan now look to entrepreneurship and innovation as an important part of the continued restructuring of its economy. This event will review data from a new 50,000 company database of recently incorporated Japanese firms to begin a dialogue on entrepreneurialism in Japan with policy makers, academics, and business leaders. The dialogue will be held simultaneously in Japan and the US over Cisco's TelePresence system.

Cisco Telepresence

Robert Eberhart Speaker
William Miller Speaker
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When discussing Korea's "Chinese Decade," roughly defined as the dozen or so years prior to the Sino-Japanese War of 1894-1895, most of the attention is focused on the heavy-handed activities of Yuan Shikai in Seoul.  Less well known is that part of this Chinese effort to bind Korea more closely to China involved the absorption of Korea's newly-formed Maritime Customs Service.  Several scholars have looked at this period and the actions of some of the key players such as Sir Robert Hart, Li Hongzhang, Henry F. Merrill, and Paul Georg von Mollendorff.  Using the recently-discovered correspondence of the first commissioner of customs in Pusan, this talk will discuss some heretofore unknown aspects of this attempted takeover by China.

Wayne Patterson received his undergraduate degree in history from Swarthmore College, and his graduate degrees in history and international relations from the University of Pennsylvania.  He has authored or edited eleven books on modern Korea, including The Korean Frontier in America: Immigration to Hawaii, 1896-1910 (1994) and The Ilse: First-Generation Korean Immigrants in Hawaii, 1903-1973 (2000).  He has taught Korean history at a number of institutions in the United States, including Harvard University, the University of Chicago, the University of Wisconsin-Madison, the University of South Carolina, the University of Kansas, and the University of Pennsylvania.  He has also taught Korean history abroad, including Ewha University, Korea University, Yonsei University, as Fulbright Distinguished Lecturer, and most recently, at the University of the Philippines, as Korea Foundation Visiting Professor.  His home institution is St. Norbert College in Wisconsin, where he is professor of history.  He is currently teaching Korean history as a visiting professor at the University of California - Berkeley.

Philippines Conference Room

Wayne Patterson Visiting Professor of Asian Studies, University of California - Berkeley Speaker
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Some 700,000 Koreans, 40,000 Chinese and 35,000 Allied POWs performed forced labor for private companies within Japan during the Asia Pacific War. Kyushu coal mines were a wartime center of this injustice and Fukuoka is a major locus of ongoing redress efforts, which the presenter has closely observed. A front-row account of the interaction between community activists in Japan, Korea, China and North America will be provided and key results will be discussed. The Japanese government has been prodded into sending the remains of Korean labor conscripts to South Korea and handing over the long-suppressed records that Seoul needs to fully implement its own compensation program. Lawsuits in Japanese courts stemming from forced labor by Chinese proved partially successful, raising expectations that more Japanese firms may voluntarily settle the especially strong Chinese claims. Amid the controversy surrounding former Prime Minister Aso's admission that there were POWs at Aso Mining, Japan issued new official apologies and is expanding a POW reconciliation program. Fluid networks of independent researchers and Internet-empowered activists continue to influence developments within Japan's changing political landscape. This transnational grassroots activism also faces barriers and limitations.

Mr. Underwood's doctoral research at Kyushu University analyzed the reparations movement for Chinese forced labor in Japan during World War Two, locating it within the global trend toward repairing historical injustices. His articles for The Asia-Pacific Journal: Japan Focus (www.japanfocus.org) provide the fullest descriptions of forced labor redress activities involving Chinese as well as Korean victims. He played a key role in forcing former Japanese Prime Minister Aso Taro to admit there were Allied POWs at Aso Mining during the war. His Web site is www.williamunderwood.org.

Philippines Conference Room

William Underwood Speaker Independent Researcher
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Ambassador John V. Roos offers his informal off-the-record remarks on current and future U.S. - Japan Relations.

On May 27, 2009, President Barack Obama nominated John V. Roos to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Japan. He was confirmed by the Senate on August 7, 2009, and was sworn in on August 16, 2009. Prior to his appointment as ambassador, Mr. Roos served as Chief Executive Officer at Wilson Sonsini Goodrich & Rosati, a law firm headquartered in Silicon Valley which is known for its representation of technology, life sciences, and growth companies. Mr. Roos had been a partner at the firm since 1988 and also served in a number of other senior leadership roles including the firm's Board of Directors.

Mr. Roos helped lead the firm during the waves of innovation in Silicon Valley, from the growth of software and communications, to the Internet Age and the emergence of biotechnology, to today's focus on clean technology and renewable energy. He was a leader in cultivating the firm's diversity initiatives. Mr. Roos has been active in local government and served on national political campaigns for President Obama, former Vice President Walter Mondale and Senator Bill Bradley, among others.

Mr. Roos grew up in San Francisco and graduated from Lowell High School in 1973 before attending college at Stanford University, from which he graduated Phi Beta Kappa with honors and distinction in 1977. He then went on to Stanford Law School, where he was a member of the Stanford Law Review and Order of the Coif, earning his Juris Doctor in 1980.

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John V. Roos U.S. Ambassador to Japan Speaker Embassy of the United States, Japan
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Tracy Quek from the U.S. Bureau at The Straits Times Singapore Newspaper discusses the "Divided Memories and Reconciliation Project," a three-year project to examine how the main players in North-east Asia - China, Japan, South Korea and Taiwan - along with the United States, form their views of the past, or what the scholars call "historical memories."

In April 2005, fierce anti-Japanese protests broke out in China.

Triggered in part by Japan's approval of newly revised history textbooks which glossed over the Japanese wartime abuses of six decades ago, the demonstrations were the most provocative upsurge of anti-Japanese unrest China had seen in years.

It was not the first time problems of the historical sort had sparked trouble between the neighbours in North-East Asia.

But researchers at Stanford University's Walter H. Shorenstein Asia-Pacific Research Centre hope that their work will damp down future outbursts and open a path to lasting reconciliation.

Led by director Gi-Wook Shin and co-director Daniel C. Sneider, researchers are completing an ambitious three-year project to examine how the main players in North-east Asia - China, Japan, South Korea and Taiwan - along with the United States, form their views of the past, or what the scholars call "historical memories."

Entitled Divided Memories and Reconciliation, the project began in 2007 and is divided into three phases. The first stage involves comparing how shared historical events are depicted in history textbooks of the five societies, as history education plays a crucial role in shaping citizens' perspectives on the past.

The second stage, which began last year, looks at the treatment of the 1931-1951 wartime period in the films of China, Japan, South Korea, Taiwan and the US.

In the third phase, researchers will survey elite opinion makers in China, Japan, South Korea and the US for their views on historical issues.

The study, said Mr Sneider, stems from the understanding that unresolved historical issues are drivers of regional tension, and continue to bedevil relations to this day.

"The past is very much part of the present. Unresolved problems of the past feed mistrust and suspicion," he told The Sunday Times. "History issues also feed rising nationalism that can undermine government efforts to repair damaged relations."

Despite growing economic and cultural ties, wounds inflicted in the time of war and colonialism still fuel anti-Japanese sentiment in China and South Korea. The outcome of China's civil war resonates today in tension between the mainland and Taiwan.

The goal was not to forge a common historical account for the region or reach a consensus on specific events, said Mr Sneider. He noted that such attempts by historians and government committees have had limited success.

Stanford University historian Peter Duus explained: "Writing a common history is not feasible politically because the teaching of history in East Asian countries is tied to building and strengthening national identity."

Instead, Stanford researchers felt it was more fruitful to "try to recognise and understand how each society has developed its own distinctive memory of the past, and how that has affected its national identity and relations with others", commented Prof Shin.

Prof Duus and Prof Shin were writing in separate chapters included in a soon-to-be-published edited volume on the textbook study. Parts of the book were seen by The Sunday Times.

To facilitate the textbook study, researchers translated into English the most widely circulated high school history textbooks used in China, Japan, Taiwan, South Korea and the U.S.

Focusing on the period from the beginning of the Sino-Japanese war in 1931 until the formal end of the Pacific War with the San Francisco Peace Treaty in 1951, the researchers selected eight historical issues for translation.

These included the Japanese capture and occupation of Nanjing, China in 1937 and the atomic bombing of Japan in 1945.

Researchers included the US in the textbook study because of its participation in the Pacific War, as well as its role in shaping post-war dynamics in the region.

Looking at the translated textbook excerpts side by side would allow people to compare how historical memory is shaped in the different school systems for the first time, said Mr. Sneider.

The team then brought together historians and textbook writers, including those from Japan and China, in a conference in February last year to analyse the treatment of history in thetextbooks, and their impact on regional relations.

The experts found that the region's history texts were far from objective.

"Textbooks have been written specifically to promote a sense of national identity, and the politics of nationalism invariably affects their writing," wrote Professor Shin.

Both Taiwan and mainland China textbooks, for example, play up the victory over colonialism and imperialism. But while "both agree the defeat of the Japanese army ended a century of humiliation and established China as an international power, the path to victory is described differently and so is the outcome," Professor Duus commented.

The deepest disagreements between the mainland and Taiwanese textbooks are about the nature and effectiveness of Chinese resistance to the Japanese. The Chinese texts played down the role of the Kuomintang, while the Taiwanese texts make scant mention of the Chinese Communist Party's guerilla bases.

Compared with the Taiwanese textbooks, the Chinese texts dwelled on the brutality of the Japanese military in more graphic detail.

American textbooks, in general, were better than the Asian textbooks at encouraging critical thought. "You have a debate over the decision to drop the atomic bomb on Japan, or discussions of the events that led to Pearl Harbour, for example," Mr Sneider noted.

In contrast with Chinese and US textbooks, the tone in Japanese textbooks is "muted, neutral, bland", Prof Duus wrote. While they make no effort to conceal the brutality of Japanese forces towards occupied peoples, they do not give students much of an analytical construct to understand events, observed Mr. Sneider.

What the study made obvious was that the problem was not just with the Japanese historytextbooks, even though they have received most of the criticism. Experts point out that the textbooks which whitewashed wartime abuses are used in less than 2 per cent of Japanese schools.

"This is a problem for everybody," said Mr Sneider. "We are all participants in creating a divided, and to some degree, implicitly distorted understanding of the past."

The edited volume on the textbook study - which includes discussions from the February 2008 conference, and translated textbook excerpts - will be out next year. A teaching supplement based on the textbook study has been prepared for use by high school teachers in the US.

Mr Sneider said researchers hoped their work would show that "we need to take a dispassionate, comparative approach to history that recognises there is no single historical truth that everybody has to subscribe to".

He added: "There is room for discussion which can hopefully lead to reconciliation."

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More than six decades after the end of World War II, the Japanese government has yet to release an estimated ¥200 billion worth of unpaid wages owed to Korean forced laborers who were brought to wartime Japan. Nor has the government disbursed an additional ¥200 billion worth of financial benefits owed to Korean and Taiwanese military servicemen. During the Allied Occupation of Japan, American authorities directed Japanese officials to compensate these Asian victims of the war effort, setting up a custody account for labor conscripts in 1946 and a foreign creditor's account for military conscripts in 1949. However, the outbreak of the Korean War destroyed any chance of monetary compensation, as the U.S. preoccupation over the new cold-war conflict effectively froze up bank accounts relating to Japan's former colonial subjects. Clarifying the historical record of American involvement in this unresolved issue of war compensation can contribute towards resurrecting efforts to reach regional reconciliation between Japan and its neighbors in Northeast Asia.

Matthew Augustine is the 2009-2010 Northeast Asia History Fellow at Shorenstein APARC, Stanford University. He received his Ph.D. from the History Department at Columbia University and his B.A. from the Politics Department at Princeton University. His research interests include military occupations, especially the U.S. occupations in Japan, Korea, and Okinawa after World War II; transnational migrations and border controls; Japan's colonial empire in the Asia-Pacific; and the history and politics of war reparations in Northeast Asia.

Philippines Conference Room

Shorenstein APARC
Stanford University
Encina Hall, Room E-301
Stanford, CA 94305-6055

(650) 725--093 (650) 723-6530
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NE Asian History Fellow, 2009-2010
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After two years of research at the University of Tokyo, Dr. Matt Augustine recently received his Ph.D. in History from Columbia University. Augustine also received a M.A. in History from Columbia and received a B.A. from the Politics Department at Princeton University. He specializes in the history of modern Japan and Korea.

Augustine’s research focuses on international and comparative history of military occupations, especially U.S. occupations in Japan, Korea, and Okinawa; Japan’s colonial empire in the Asia-Pacific; and the history of race, migration, and border controls.

He recently published an article that explores the interaction between the cross-border smuggling and reversion movement with Japan as acts of resistance by Okinawans against U.S. military rule in the Ryukyu Islands after World War II. Augustine’s dissertation, “Crossing from Empire to Nation: Repatriation, Illegal Immigration, and the Allied Occupation of Japan, 1945-1952,” examines the relationship between migration and border controls, as well as the redefinition of nationality and ethnicity in post-imperial Japan.

While at Shorenstein APARC, Augustine will research and write on the history of war reparations that continue to affect relations between Japan and its neighbors in Northeast Asia. He will also teach a course that covers such issues as war, empire, postcolonialism, and U.S. military occupations in the region.

Matthew Augustine 2009-2010 Northeast Asia History Fellow Speaker Stanford University
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Just how easy (or difficult) is it for North Koreans to watch banned American movies or listen to Korean-language news broadcasts that Pyongyang spends a great deal of time condemning and resources trying to block?  The North Korean border has become increasingly porous, with news reports suggesting that American and South Korean films have become so popular that the North Korean authorities have been forced to issue edicts on the length of men’s hair, for example.  At the same time, several American, South Korean and Japanese radio stations are targeting North Korea through short and medium-wave broadcasts.  A growing number of defectors report having tasted such forbidden fruit before leaving North Korea.  To what extent is banned media undermining the regime’s control of the flow of information?  Do such broadcasts encourage North Koreans to defect?

Peter M. Beck is the 2009-10 Pantech Fellow at Stanford University’s Asia Pacific Research Center.  He also teaches at American University in Washington, D.C. and Ewha Woman's University in Seoul.  He also writes a monthly column for Weekly Chosun and The Korea Herald.  Previously, he was the executive director of the U.S. Committee for Human Rights in North Korea and directed the International Crisis Group’s Northeast Asia Project in Seoul.  He was also the Director of Research and Academic Affairs at the Korea Economic Institute in Washington.  He has published over 100 academic and short articles and testified before Congress.

Philippines Conference Room

Shorenstein APARC
Stanford University
Encina Hall E301
Stanford, CA 94305-6055

(650) 724-5656
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Peter M. Beck teaches at American University in Washington, D.C. and Ewha University in Seoul.  He also writes a monthly column for Weekly Chosun and The Korea Herald. Previously, he was the executive director of the U.S. Committee for Human Rights in North Korea and directed the International Crisis Group's Northeast Asia Project in Seoul.  He was also the Director of Research and Academic Affairs at the Korea Economic Institute in Washington. He has served as a member of the Ministry of Unification's Policy Advisory Committee and as an adjunct faculty member at Georgetown and Yonsei universities.

He also has been a columnist for the Korean daily Donga Ilbo, an instructor at the University of California at San Diego, a translator for the Korea Foundation, and a staff assistant at Korea's National Assembly and Ministry of Foreign Affairs. He has published over 100 academic and short articles, testified before Congress, and conducted interviews with the world's leading media outlets. He received his B.A. from the University of California at Berkeley, completed the Korean language program at Seoul National University, and conducted his graduate studies at U.C. San Diego's Graduate School of International Relations and Pacific Studies.

2009-10 Pantech Fellow
Peter M. Beck Pantech Fellow, Asia-Pacific Research Center Speaker
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