International Law
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Lyushun Shen earned his doctorate in International Relations from the University of Pennsylvania. He started his career at the School of Law, University of Maryland before deciding to become a professional diplomat.  He has enjoyed a distinguished career serving Taiwan in its overseas missions in America and Europe, including in Washington D.C., Kansas City, Geneva and Brussels.  Prior to his current appointment he was Taiwan’s representative to the European Union. His publications include:  “The Republic of China’s Perspective on the US Omnibus Trade and Competitiveness Act of 1988” (The Chinese Yearbook of International Law and Affairs, 1989), The Issue of US Arms Sales and Peking’s Policy toward Taiwan (Taipei, 1986), “Is Peking’s Claim over Taiwan Internationally Recognized?” Monograph Series of the Asia and World Forum (Taipei, 1984), “The Washington-Peking Controversy over US Arms Sales to Taiwan: Diplomacy of Ambiguity and Escalation” (The Chinese Yearbook of International Law and Affairs, 1982), and “The Taiwan Issue in Peking’s Foreign Policy during the 1970’s, A Systematic Review” (The Chinese Yearbook of International Law and Affairs, 1981).

In this special event, Vice Foreign Minister Shen will reflect on the century-long relationship between the Republic of China and the United States, and address the future prospects and challenges of this relationship. 

Bechtel Conference Center

Lyushun Shen Vice Foreign Minister Speaker Ministry of Foreign Affairs, Republic of China (Taiwan)
Conferences
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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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Since President Lee Myung-bak introduced the "Green Growth" policy in 2008, Korea has actively advocated it in every aspect of the society as a new engine of growth. The Presidential Committee on Green Growth was created as a control tower of the policy developments and green industries were identified, and along the same line of efforts, the Basic Law on Green Growth was enacted.  Korea, among the developing countries under the United Nations Framework on Climate Change (UNFCCC), was the first to volunteer to reduce emissions by 30 percent of anticipated BAU by 2020.  It also initiated the East Asia Climate Partnership through which 200 million USD was pledged to assist developing countries in the region to cope with climate change.  The Lee administration has revealed its ambitious plans to launch Global Green Growth Institute (GGGI) next year, which is presumed to play a catalyst role in inducing a low carbon economy.  Furthermore, it is expected that Korea, as Chair of the G20 in 2010, will aggressively promote green finance and green technology.

Suh Yong Chung is Associate Professor in the Division of International Studies at Korea University and is an international expert on sustainable development law and policy. His research covers various emerging issues in the environment and sustainable development such as climate change, marine environment, and biodiversity both at global and regional level. His most recent works focus on internationalization of Green Growth policy, post-2010 climate change regime formation, and regional environmental institution building in Northeast Asia.  He is a member of the Compliance Committee of the UN Basel Convention, and has participated in various activities of international organizations including the United Nations Industrial Development Organization (UNIDO), UNDP/GEF Yellow Sea Large Marine Ecosystem Project, UNEP’s Northwest Pacific Action Plan (NOWPAP), and United Nations Economic and Social Commission for Asia and Pacific (UNESCAP). He has also advised on international law and policy issues in Korea for the Presidential Committee on Green Growth, Ministry of Foreign Affairs and Trade, Ministry of Knowledge Economy, Ministry of Environment and the Organizing Committee of the 2012 Yeosu EXPO.
 
Suh Yong Chung holds degrees in law and international relations from Seoul National University, the London School of Economics and Stanford Law School. He was a researcher at Shorenstein APARC and has continuously been involved in its activities as the Secretary General of the Stanford APARC Forum in Korea.

Philippines Conference Room

Suh Yong Chung Associate Professor, Division of International Studies, Korea University Speaker
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Matthew Augustine
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We are pleased to bring you the second dispatch of the year in our series of Shorenstein APARC Dispatches. This month's piece, "Forced Labor Redress in Japan and the United States" comes from Matt Augustine, the Northeast Asian History Fellow for 2009-10 at Shorenstein APARC.

Last month, on October 23, the Nishimatsu Construction Company reached an agreement in the Tokyo Summary Court to set up a trust fund for Chinese who had been forced into labor in Japan during World War II. According to the Asahi Shimbun, the trust fund—worth ¥250 million—will compensate 360 Chinese citizens who were compelled to work at a hydroelectric power plant in Hiroshima Prefecture. Under the terms of the summary settlement, Nishimatsu acknowledged that these Chinese workers were forcibly brought to Japan and apologized for their suffering.This outcome was both overdue and unexpected, particularly since Japan's Supreme Court in 2007 rejected the original lawsuit that five Chinese plaintiffs brought against the construction company in 1998.  Nishimatsu officials maintain that they want to set a new precedent for "social responsibility" in the wake of the corporation's recent scandal involving political donations.  The timing of Nishimatsu's decision coincides with the rise of the new Hatoyama administration, which has promised to improve Japan's relations with China and other Asian neighbors.

Former forced laborers and their bereaved families have pursued litigation against the Japanese government and the corporations that employed them, not only in Japan but also in the United States. The Hayden Bill, which passed the California State Senate in July 1999, opened the door for Chinese and Korean victims to sue Japanese corporations and demand compensation for their hard labor in inhumane working conditions. Although the U.S. Supreme Court thus far has rejected such cases, the unresolved issue of Asian forced labor redress has now been introduced into the U.S. legal system, indicating that the United States has become involved in Japan’s historical disputes.

In fact, the United States was intimately involved in the issue of Asian forced laborers during the Allied Occupation of Japan between 1945 and 1952. U.S. Occupation forces initially attempted to retain Korean coal miners until Japanese repatriates replaced them, but riots in Hokkaido and elsewhere forced authorities to abandon this policy in November 1945. Responding to strong Korean demands, in May 1946 a military government team in Hokkaido gathered over ¥3 million worth of wages, bonuses, and death benefits owed to Korean miners. This amount was but a small fraction of the more than ¥215 million that corporations throughout Japan deposited into an account at the Bank of Japan by 1948. Occupation authorities made several unsuccessful attempts to persuade unwilling Japanese officials to pay back the financial assets owed to Koreans, while U.S. policy gradually changed to oppose reparations demands against Japan. Article 14(b) of the American-drafted San Francisco Peace Treaty signed in September 1951 waived all reparations claims, and the unpaid wage deposits of forced laborers remained a well-kept secret of the Japanese government.

When former forced laborers from South Korea and China began appearing in Japanese courts in the 1990s, their lawsuits helped to clarify the historical record of wartime abuse and postwar cover-up. Lawyers, journalists, and researchers supporting the redress movement dug up hidden official documents, such as the voluminous reports by the Foreign Ministry on Chinese forced labor and by the Welfare Ministry on the unpaid financial deposits of Korean laborers, both compiled in 1946. Although the Japanese government refuses to make such ministry reports public, the Tokyo High Court in 2005 confirmed that the state continues to hold the ¥215 million deposits, which have never been disbursed. While Japanese records remain largely closed, declassified American records can help to answer important questions, including how closely the United States was involved in the process of postwar Japan’s forgetting and neglecting Asian victims of forced labor.

An Asahi Shimbun editorial on October 24, 2009 admonished the Japanese state to take action in the wake of Nishimatsu settlement, since other corporations facing litigation have vowed not to pay reparations unless the government becomes involved. The new Hatoyama administration should first make an unambiguous apology, the editorial contends, then propose a new framework whereby the government and corporations can establish a joint trust fund to compensate former forced laborers and bereaved families. The United States can support this reconciliation process by revisiting the unresolved issue of forced labor—which also included Allied POWs—and reinterpreting the San Francisco Peace Treaty to enable these victims to file legal claims in American and international courts. Proactive U.S. involvement at the government level should also be matched by an enhanced effort toward nongovernmental cooperation between researchers in the United States and Northeast Asia. Shorenstein APARC has been contributing to this effort through its Divided Memories and Reconciliation research project, now in its third year. The Center will also host a colloquium series titled “The American Role in Northeast Asian Reconciliation” during the 2010 winter quarter.

 

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Shorenstein APARC Dispatches are regular bulletins designed exclusively for our friends and supporters. Written by center faculty and scholars, Shorenstein APARC Dispatches deliver timely, succinct analysis on current events and trends in Asia, often discussing their potential implications for business.

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Lynne Joiner, author of Honorable Survivor: Mao's China, McCarthy's America and the Persecution of John S. Service will discuss and read from her new book, available October 7, 2009.

John Stewart Service (3 August 1909 - 3 February 1999) was an American diplomat who served in the Foreign Service in China prior to and during World War II. Considered one of the State Department's "China Hands," he was an important member of the Dixie Mission to Yan'an. Service correctly predicted that the Communists would defeat the Nationalists in a civil war, but he and other diplomats were blamed for the "loss" of China in the domestic political turmoil following the 1949 Communist triumph in China. In the immediate postwar years, Service was indicted in the Amerasia Affair in 1945, of which a Grand Jury cleared him of wrongdoing.  In 1950 U.S. Senator Joseph McCarthy launched an attack against Service, which led to investigations of the reports Service wrote while stationed in China. Secretary of State Dean Acheson fired Service, but in 1957 the U.S. Supreme Court ordered his reinstatement in a unanimous decision.

Notable reviews:

"Sometimes a writer can use one person's story to illuminate an entire piece of history, and that is what Lynne Joiner does in her engrossing and readable book. . . . This is both a solid addition to scholarship of the Cold War era and the moving, very personal story of the life of one man: brilliant, flawed, long suffering, and honorable indeed."

-Adam Hochschild, author of King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa 

"Joiner ably tells the tragic story of a good American laid low by the basest kind of character assassination masquerading as anti-Communism. All one can say is: 'Read this book and weep!"

-Orville Schell, Director of the Center for US-China Relations, Asia Society.

"Jack Service's experiences in wartime China and postwar America are an exciting tale with important resonances for current foreign policy challenges in countries like Afghanistan, Iraq, Pakistan, and Iran as well as U.S.-China relations. I can't wait to see the movie."

-Susan L. Shirk, former Deputy Assistant Secretary of State (1997-2000); currently Director, University of California Institute on Global Conflict and Cooperation, U.C.-San Diego

‘This maelstrom of political intrigue, with Service at the center, is presented in well-documented and engaging detail. It is critical reading for anyone concerned with China policy and an instance of Congress and the FBI subverting justice."

-Richard H. Solomon, former Assistant Secretary of State for East Asian and Pacific Relations; currently President of the U.S. Institute of Peace 

"Honorable Survivor is the gripping tale of one man's extraordinary life in wartime China and the Kafkaesque era of McCarthyism in America. Lynne Joiner does a masterful job of using new materials to illuminate how personal decisions, great historical forces, and the actions of vindictive and overzealous officials shaped developments in China, the United States, and U.S.-China relations in ways that have yet to be fully resolved."

-Thomas Fingar, former U.S. Deputy Director of National Intelligence for Analysis; currently lecturer at Stanford University 

"Jack Service did not lose China.  On the contrary, he was a hero of the times. . . . This well-written and thoroughly researched book . . . helps us understand the machinations and failures of U.S.-China policy, on both the American and Chinese sides."

-Victor Hao Li, former President, East-West Center, Honolulu, and former Shelton Professor of International Law, Stanford Law School

Lynne Joiner is an Emmy award-winning broadcast journalist, news anchor, and documentary filmmaker. Her work has included assignments for CBS, NBC, ABC, CNN, NPR, Christian Science Monitor Radio, Newsweek, and Los Angeles Times Magazine. She lives in San Francisco, California.

Philippines Conference Room

Lynne Joiner Media Consultant Speaker Shanghi International TV Channel
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The inauguration of Lee Myung-bak as president in February represented a significant shift in South Korea's foreign policy. After ten years of "progressive" rule in Seoul, Lee's skepticism about North Korean intentions and his unambiguous support for the U.S. alliance stand out in great contrast. Prof. Paik will analyze President Lee's foreign policy and its implications for dealing with North Korea and for relations with the United States, including in view of the upcoming change in U.S. administration.

Jin-Hyun Paik is a professor at the Graduate School of International Studies (GSIS), Seoul National University (SNU). He is also director of its Institute of International Affairs (IIA), which publishes, among others, the Journal of International and Area Studies (formerly Asia Journal). He specializes in Korea’s foreign and security policy, international security and conflict management, and international law and organization. Educated at Seoul National University (LL.B.), Columbia Law School (LL.M.), and Cambridge University (Ph.D.), Prof. Paik has been a research associate at the Hague Academy of International Law; a visiting fellow at the Rand Corporation and the Hoover Institution, Stanford; and a visiting professor at Johns Hopkins University’s School of Advanced International Studies (SAIS). He was a member of the Presidential Commission on Policy Planning, Korea, and of official advisory committees to a number of Korean government agencies, including the Ministry of Foreign Affairs and Trade and the National Security Council. Prof. Paik has edited six books and written over 100 articles in his fields of interest, in both English and Korean. He is also a frequent contributor and commentator on international affairs to major Korean newspapers and international media. Prof. Paik is an attorney-at-law (a member of the New York Bar). He is currently president of the Korean Academic Council on the United Nations System (KACUNS).

Daniel and Nancy Okimoto Conference Room

Jin-Hyun Paik Professor, Seoul National University Speaker
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The election of a new American president is an event of great importance to the entire world, not just the United States. From Japan to Afghanistan, the United States plays a crucial role in the security, political, and economic affairs of the region. America's 44th president will face many challenges once in office including rebuilding trust in America, reviving the American economy without protectionism, and how to combat terrorism. Ultimately, the United States must effectively utilize and support multilateral institutions to uphold international law and foster the common interests such as international justice. Future relations with Northeast, Southeast, and South Asia depend on how these efforts unfold. 

Levinthal Hall

The Honorable Karl F. Inderfurth Former Assistant Secretary of State for South Asian Affairs and U.S. Representative for Special Political Affairs to the United Nations Speaker
The Honorable Teresita Schaffer Former U.S. Ambassador to Sri Lanka and Former Deputy Assistant Secretary of State for South Asian Affairs Speaker
The Honorable Theodore L. Eliot, Jr. Former U.S. Ambassador to Afghanistan and Former Executive Secretary and Inspector General of the State Department Speaker
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The UN and the Cambodian government have finally established a “hybrid-style” tribunal in Phnom Penh to begin prosecuting senior leaders from the genocidal Khmer Rouge regime that caused the deaths of 1.7 million Cambodians more than thirty years ago. This tribunal is widely viewed as one of the most important experiments in transitional justice in a post-conflict society. Prof. Hall will show, however, that the hybrid structure mixing international and local lawyers, judges, and staff is deeply flawed. Cambodia’s legal system is notoriously corrupt, inefficient, and politically controlled. Predictably, the UN-sponsored tribunal has been plagued by accusations of corruption, opacity, distrust, and woeful human resource management. Against this backdrop, the international lawyers and judges at the tribunal continue their up-hill battle to forge a venue that meets minimum international legal standards.

John A. Hall specializes in international law and human rights. His controversial 21 September 2007 op ed in the Wall Street Journal (“Yet Another U.N. Scandal”) helped focus international attention on corruption and mismanagement at the Khmer Rouge tribunal. In addition to writing widely on Cambodia, he has worked for Legal Aid of Cambodia in Phnom Penh and the Public Interest Law Center in the Philippines. He holds a doctorate in Modern History from Oxford University, graduated from Stanford Law School in 2000, and before going to law school was a tenured professor of history.

John Ciorciari is Senior Legal Advisor to the Documentation Center of Cambodia, a leading NGO dedicated to accountability for the abuses of the Khmer Rouge regime. He holds a JD from Harvard Law School and a PhD from Oxford University.

Daniel and Nancy Okimoto Conference Room

John Hall Associate Professor of Law and Director of the Center for Global Trade & Development Speaker Chapman University School of Law
John Ciorciari Discussant - 2007-2008 Shorenstein Fellow Commentator
Seminars
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