International Law
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Lee Kong Chian NUS-Stanford Fellow on Contemporary Southeast Asia, 2018-19
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Ph.D.

Sophie Lemiere is a Political Anthropologist at the Ash Center for Democracy in the Democracy in Hard Places program. She has been awarded the Stanford-NUS 2018-2019 Lee King Chiang Fellow and will be at Stanford in the fall then Singapore in the spring.

Her research looks at the nexus between religion, politics and criminality in a comparative perspective, focussing upon the deep structure of political systems. She received her PhD from Sciences-Po, France, her thesis was the first study on the political role of gangs through umbrella NGOs in Malaysia. Her Masters research on the apostasy controversies and Islamic civil society was awarded the second prize for International Young Scholar from the ISIM, Leiden in 2007. She has held research positions at RSIS-NTU in 2011 then at ARI in 2012 and has been visiting fellow at the University of Sydney, Cornell, UC Berkeley and Columbia. Sophie believes it is essential for academics to disseminate their research to a wide audience, and primarily in the countries they study. With this idea in mind, she has oriented her efforts towards the publication of original scholarship addressing both a general and academic audience within and outside of Malaysia. With this in mind, Sophie Lemière is the editor of a series “Malaysian Politics and People”. The first volume Misplaced Democracy was released in 2014, the second volume Illusions of democracy was published in 2017 and will be re-published in 2018 by Amsterdam University Press; the third volume is expected for 2019. Her monograph “Gangsters and Masters: Complicit Militancy and Authoritarian Politics” will be published also 2019. Sophie currently works on a political biography of Mahathir campaign “The Last Game: Malaysian Politics in the Eye of Mahathir”.

She has made considerable efforts to give visibility to Malaysian Studies by publishing in both international academic and non-academic outlets, Sophie has a blog on Mediapart and regularly contributes to publications such as New Mandala, The Conversation, Le Monde, Libération.

Sophie has also started to develop several documentary projects with French production companies, including a series on the Arts and Politics. Her first film 9/43 featured the Malaysian cartoonist Zunar and was selected among the 25 best movies of the French short-film festival ‘Infracourt’ in 2016.

 

616 Serra StreetEncina Hall E301Stanford, CA94305-6055
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J.S.D., L.L.M.
Eun Young Park joins the Walter H. Shorenstein Asia-Pacific Research Center (Shorenstein APARC) during the 2018-2019 academic year from the law firm of Kim & Chang where he serves as a partner and co-chair of international arbitration and litigation practice group.  Dr. Park has served as Judge in the Seoul District Court during the Kim Young Sam government. After joining Kim & Chang he has focused on international dispute resolution including trade sanctions, transnational litigation, and international arbitration. He was appointed to Vice-President of the London Court of International Arbitration and a Member of the Court of Arbitration of the Singapore International Arbitration Centre. He has taught in many universities including SKK University School of Law as an adjunct professor. His research focuses on the possibility of establishing dispute resolution mechanism in the transition of East Asian countries. The research interests encompass decisions from international tribunal arising out of international and transnational disputes of various areas including boundaries, economic disputes, and reparation arising out of transitional justice; trends and efforts to establish an independent judicial body to cope with conflicts and disputes in the region. Dr. Park is an editor of Korean Arbitration Review and has published articles including "Appellate Review in Investor State Arbitration," Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century and "Rule of Law in Korea," Taiwan University Journal of Law. He is an author of a book entitled "The Analysis of the Iran Sanctions Act of the United States and the Strategy of the Overseas Construction Project” (in Korean). 

He holds a J.S.D. and LL.M. from NYU School of Law and M. Jur. and B. Jur. from Seoul National University.

Visiting Scholar at APARC
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In a Q&A, SK Center Fellow Yong Suk Lee discusses U.S. policy toward North Korea and the viability of 'secondary sanctions'

North Korea launched its first intercontinental ballistic missile (ICBM) on July 3, a first for the country that has increasingly advanced proliferation and testing over the last three years despite condemnation from the international community.

The United States, following the ICBM launch, called for additional efforts to cut-off flows of currency into North Korea. Officials have said, as part of the proposals, they are considering ‘secondary sanctions’ that would target companies and financial institutions that deal with North Korea even beyond those already banned by U.N. Security Council resolutions.

Just returned from Seoul, SK Center Fellow Yong Suk Lee spoke with Shorenstein APARC about the effectiveness of historical sanctions on North Korea, one of his research areas. He also shared thoughts on U.S. policy toward North Korea and the viability of new sanctions.

Could you describe how sanctions have historically been applied on North Korea? What do they generally look like in terms of scope and whom do they often target?

Sanctions generally fall into three different categories: trade, travel and financial transactions, and in the case of North Korea, all three kinds have been applied. Trade sanctions, for example, have focused on minerals, technology and energy sources, with the goal of hindering the purchase of products that could aid in weapons development. Financial sanctions, for example, have sought to control flows of money to and from certain individuals and entities associated with the government. Whether sanctions are applied multilaterally through the U.N. or unilaterally, it’s difficult to enforce them especially in a country as closed-off as North Korea. It’s also difficult to identify how to draw the line between sanctions that only punish the bad behaviors of a few versus those that affect the broader population: that’s a balance policymakers attempt to strike.

Your research has looked at the impact of sanctions in both rural and urban areas of North Korea from the 1990s through the 2000s. How did you analyze their implementation and performance? In a technical sense, have sanctions been effective?

In the 1990s, sanctions on North Korea relaxed in concert with the Sunshine Policy, an effort by the South Korean administration under Kim Dae-jung to engage North Korea. By the early to mid-2000s, the international community began to increase sanctions again as North Korea continued its nuclear and weapons development. The goal of my research in analyzing those two time periods was to compare and understand the impact of sanctions within North Korea, particularly the impact on its domestic economy. Since there’s not much subnational data available, I identified a proxy for economic activity – nighttime lights as seen from outer space – that acted as an indicator of consumption, production and energy allocation across North Korea.

I found that certain areas became relatively brighter than other areas when sanctions increased. The capital Pyongyang, cities that share a border with China, and pockets where manufacturing is clustered all became brighter. This result indicates that sanctions were effective in a technical sense, yet were ineffective in reaching their intended target. The North Korean regime has found ways to reallocate resources toward urban areas where government officials and elites reside.

How has North Korea evaded potential effects of sanctions in the past?

North Korea has avoided effects of sanctions through internal actions, such as redistribution of resources to government officials and elites, like those patterns identified in my research, and also though external actions, such as trade with other countries. Increasing financial activities and trade with neighbor countries fills in some of the gaps caused by sanctions. North Korea has also maintained ties with African, Southeast Asian and Middle Eastern countries, some of which receive migrant workers from North Korea. Those workers often send remittances back to acquaintances in North Korea, thereby supporting its economy.

In a recent report, you’ve written about China’s relationship with North Korea and how that relationship has aided in the development of markets. Can you describe how the two are tied?

The relationship between China and North Korea is close. By sheer numbers, around 80 percent of North Korea’s trade is with China. All sorts of goods are exchanged through China. For example, goods produced in Western countries that are barred from directly trading with North Korea are often funneled through China. Especially outside of urban areas, North Koreans seek goods from China because they can’t otherwise access them. They also make money by selling goods, mostly minerals, to China. The China-North Korea border is quite porous, so you have a situation where a large number of individuals are engaging in small transactions, and although they may be disparate, the transactions add up.

Is there a strategy that provides hope that China will step up pressure on North Korea?

A lot of the debate, especially in the United States, is about putting pressure on China to do something about North Korea. But if you take a step back and think about it from the Chinese perspective, I think a valid question to ask is: why would China be interested in pressuring their neighbor? For the United States, the main issue with respect to North Korea is the nuclear threat. For China, Japan and South Korea, however, the main issue is not necessarily the nuclear threat but instead the issue of regional stability. So, while China remains important, it is one of many actors that are involved in addressing challenges related to North Korea. I think that point is largely missing from the debate.

U.S. policy has maintained that sanctions will encourage the North Korean regime to change its behavior. Could additional sanctions help?

New sanctions might help. If the intended goal is to decrease flows of currency into North Korea, it would make sense to impose sanctions on Chinese entities or individuals since they remain North Korea’s most prolific trade partners. But the question remains: would it encourage the Chinese government to change its position, and in turn, the North Korean government to bow to additional pressure? From my perspective as an economist, I don’t think enough incentives are at play for either country to react significantly. North Korea is one of the poorest countries in the world, and as history has shown, poor countries can survive in that manner for a long time. They find ways to adapt. Additionally, North Korea has nuclear weapons and the government sees them as leverage for maintaining the status quo.

What should officials keep in mind when considering sanctions?

Sanctions by their very nature are meant to inflict some harm, and that aspect alone does not sit well with the North Korean government. This, however, is where U.S. policy currently stands. It is caught in a deadlock. On one hand, the United States feels an immediate need to discipline the regime for its repeated missile launches under grounds that it threatens national security, and on another hand, the United States does not recognize North Korea’s nuclear program. Given this context, there is little room to consider tools of engagement.

There’s clearly no easy solution to the challenges posed by North Korea, and whatever the solution may be, it will consist of many steps. Over the long-term, I think slowly relaxing sanctions and pursuing quiet engagement with North Korea has greater likelihood of success. Putting aside political leadership and ideology for a moment, if North Koreans had an opportunity to engage in limited economic activities, it could create incentives. Economic development is already changing North Korea and might be its greatest motivation to come to the table to talk about change.

The United States has placed unilateral sanctions on other countries such as Iran, for example, which negotiated the 2015 nuclear deal, and Cuba, which saw opening and reforms in 2016. Do those cases provide lessons that could be applied to the North Korea case?

Iran, compared to North Korea, has a much larger population and holds a prominent position on the world’s stage. Sanctions on Iran carry weight because of the country’s economic ties across the world. That’s one aspect to keep in mind. Another is that Iran isn’t a totalitarian society. The government has to respond to its people to some degree. So, in general, there are more incentives that exist in Iran that could have influenced the decision to negotiate the 2015 Nuclear Deal.

As for Cuba, the case is also unique. The U.S. trade embargo that existed following the end of the Missile Crisis of 1962 lasted for decades not because of a continued existence of nuclear weapons, as in the case of North Korea, but I believe because of ideological issues that remained between two countries. Cuba wasn’t as isolated either, so it was able to conduct business with many countries during that time period. Sanctions have recently been lifted by the United States due to the passage of time and diplomatic efforts.

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The most dangerous impact of North Korea’s long-range missile test this past week may not have been the one in the Sea of Japan, felt in Washington, Seoul and Tokyo. It was in Moscow where Chinese leader Xi Jinping and Russian President Vladimir Putin locked arms in a united front on how to respond to the growing North Korea crisis. The target of this front was not, however, North Korea. It was the United States, who the Sino-Russian axis accused of pursuing a military “buildup” in the region.

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Tokyo Business Today
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Rising powers often seek to reshape the world order, triggering confrontations with those who seek to defend the status quo. In recent years, as international institutions have grown in prevalence and influence, they have increasingly become central arenas for international contestation. Phillip Y. Lipscy examines how international institutions evolve as countries seek to renegotiate the international order. He offers a new theory of institutional change and explains why some institutions change flexibly while others successfully resist or fall to the wayside. The book uses a wealth of empirical evidence - quantitative and qualitative - to evaluate the theory from international organizations such as the International Monetary Fund, World Bank, European Union, League of Nations, United Nations, the International Telecommunications Satellite Organization, and Internet Corporation for Assigned Names and Numbers. The book will be of particular interest to scholars interested in the historical and contemporary diplomacy of the United States, Japan, and China.

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Cambridge University Press
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Phillip Lipscy
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This is a chapter in the second edition of The National Security Enterprise, a book edited by Roger Z. George and Harvey Rishikof that provides practitioners' insights into the operation, missions, and organizational cultures of the principal national security agencies and other institutions that shape the U.S. national security decision-making process. Unlike some textbooks on American foreign policy, it offers analysis from insiders who have worked at the National Security Council, the State and Defense Departments, the intelligence community, and the other critical government entities. The book explains how organizational missions and cultures create the labyrinth in which a coherent national security policy must be fashioned. Understanding and appreciating these organizations and their cultures is essential for formulating and implementing it. Taking into account the changes introduced by the Obama administration, the second edition includes four new or entirely revised chapters (Congress, Department of Homeland Security, Treasury, and USAID) and updates to the text throughout. It covers changes instituted since the first edition was published in 2011, implications of the government campaign to prosecute leaks, and lessons learned from more than a decade of war in Afghanistan and Iraq. This up-to-date book will appeal to students of U.S. national security and foreign policy as well as career policymakers.

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Georgetown University Press
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Thomas Fingar
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As Kim Jong-un begins his sixth year as leader of the Democratic People’s Republic of Korea (DPRK), it is appropriate to shift the focus from his moves to consolidate power to the impact that the organizational and staffing changes made under his leadership have had on the operations and efficacy of the system he leads. Toward that end, Stanford’s Shorenstein Asia-Pacific Research Center and the Republic of Korea’s Institute for National Security Strategy (INSS) have prepared a joint paper utilizing the complementary resources of both institutions. This paper summarizes the findings and insights from this collaboration. We focus on personnel and organizational changes, and the economic performance of North Korea.

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Shorenstein Asia-Pacific Research Center and Institute for National Security Strategy
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Thomas Fingar
Kwang-Jin Kim
Hyung-Seog Lee
Yong Suk Lee
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Patrick Winstead
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Colonel Patrick Winstead, the 2016-17 FSI senior military fellow at Shorenstein APARC, writes about the second annual orientation at U.S. Pacific Command headquarters

The mission of the Department of Defense (DoD) in the Indo-Asia-Pacific region recently became a bit clearer for 22 faculty and military fellows from Stanford, the Massachusetts Institute of Technology, the Naval Postgraduate School and the Daniel K. Inouye Asia-Pacific Center for Security Studies (APCSS). The U.S.-Asia Security Initiative at the Shorenstein Asia-Pacific Research Center (APARC) in the Freeman Spogli Institute (FSI) organized a group of faculty and fellows for a two-day orientation of United States Pacific Command (USPACOM) and its component military organizations in and around Honolulu, Hawaii, April 13-14, 2017. The purpose of the orientation was to provide researchers with a comprehensive understanding of how America’s armed forces both develop and implement U.S. national security strategy, doctrine and policy throughout Asia.

The trip began with a visit to the headquarters of USPACOM at Camp H.M. Smith. After receiving briefings about USPACOM's mission and operations, the group engaged in roundtable discussions with General Terrence O’Shaughnessy (Commander, U.S. Pacific Air Forces); Major General Kevin B. Schneider (Chief of Staff, USPACOM); Rear Admiral Mark Montgomery (Director for Operations, USPACOM); Major General Steven Rudd (Director for Strategic Planning and Policy, USPACOM); as well as other key joint directors and members of the command staff. The faculty and fellows provided short presentations on the situation in the South China Sea, U.S.-Philippine relations and cyber warfare to an audience of mid-grade military officers and civilian personnel assigned to USPACOM.

In addition to meeting with the leadership of USPACOM, the group was also afforded the opportunity to interact with personnel from the four separate component commands. Deputy Commanding General of U.S. Army Pacific, Major General Charlie Flynn, provided a command briefing at the U.S. Army Pacific headquarters at Fort Shafter. The briefing stimulated a wide-ranging discussion about Army initiatives and activities in support of USPACOM’s mission in the Indo-Asia-Pacific region. At Marine Corps Base Hawaii at Kaneohe Bay, under the guidance of trainers, the visitors took part in a hands-on experience operating Humvee simulators in a virtual-reality convoy setting and firing simulated weapons that Marines typically employ in combat operations. The first day of the trip ended with a working dinner at the historic Nimitz House with the Commander of the U.S. Pacific Fleet, Admiral Scott Swift, where the conversation ranged from Chinese military modernization to evolving U.S. naval doctrine.

Those themes carried into the second day, when the group met for several hours with faculty at APCSS for plenary presentations and multiple breakout sessions to facilitate in-depth dialogue on select topics including the threats posed by nuclear weapons on the Korean Peninsula and in South Asia. The day continued with a tour of the U.S.S Hopper, an Arleigh-Burke class guided missile destroyer, based at Pearl Harbor, Hawaii. Once onboard, the ship’s captain, Lieutenant Commander J.D. Gainey, provided briefings on Hopper’s mission and operational capabilities. In addition, the group spoke with members of the ship’s crew. The experience allowed the faculty and fellows to interact informally with sailors who serve in the Asia-Pacific theatre and to candidly discuss issues of concern. The second day of the orientation ended with a visit to the headquarters of U.S. Pacific Air Forces and a dialogue with O’Shaughnessy and his staff about the unique security challenges of the Indo-Asia-Pacific region, such as tyranny of distance, limited support bases and multiple emerging threats, and how those challenges impact the Air Force and the entire U.S. military’s preparations for contingencies in the region.

Overall, the orientation provided a unique opportunity to engage directly with high-level leaders of USPACOM and to learn first-hand about the challenges faced by those who serve in the armed forces. The orientation also provided a forum to discuss the United States’ national security interests in the region and its efforts to maintain peace and stability in the Indo-Asia-Pacific and to help maintain a rules-based, liberal democratic order.

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Shorenstein APARC Fellow Thomas Fingar, FSI Senior Fellow Siegfried Hecker, and CISAC Senior Fellow Scott Sagan are part of a group of 80 national security experts included in a Massive Open Online Course (MOOC) focused on the prospects for peace and security in South Asia.

The MOOC, titled Nuclear South Asia: A Guide to India, Pakistan, and the Bomb, is an inaugural course in a series produced by the Stimson Center in Washington, D.C. It is free to enroll and can be taken anytime and at any pace from a digital device.

Learn more about the MOOC.

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