International Law

 

The rights of refugees and obligations of states under international law was broadly addressed before focusing on how European Union law affects these rights and obligations. Discussants explored how international law has influenced the ways in which Europe and the larger international community has addressed the latest refugee crisis.

Co-sponsored by The Europe Center and the WSD HANDA Center for Human Rights and International Justice.

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Headshot of Emily Arnold Fernandez


Emily Arnold-Fernández, the founder and executive director of Asylum Access, is a social entrepreneur and human rights pioneer.

A lawyer who has advocated nationally and internationally for the human rights of women, children, and other vulnerable individuals, Emily first became involved in refugee rights in 2002, when she represented refugees in United Nations proceedings in Cairo, Egypt.

Her first client was a young Liberian who had fled to Egypt to avoid being abducted and forced to fight as a child soldier. Because he was initially denied legal status as a refugee, he was at constant risk of arrest, detention and deportation by Egyptian authorities unless he could get the decision reversed – and he only had one chance to do so. Emily’s legal advocacy won her client protection and safety in Egypt until his eventual resettlement in the U.S. Unfortunately, Cairo was one of the few places where refugees had access to legal advocates like Emily.

Recognizing that refugees throughout Africa, Asia and Latin America – some of whom flee with nothing more than the clothes on their backs – were almost always unequipped to go into a legal proceeding in a foreign country, alone, and explain why they should not be deported, Emily founded Asylum Access to advocate on behalf of refugees seeking to assert their rights.

For her innovative approach to the global refugee crisis, Emily was honored by the Dalai Lama as one of 50 “Unsung Heroes of Compassion” from around the world (2009), Waldzell Institute’s Architects of the Future Award (2012) and Grinnell College Young Innovator for Social Justice Prize (2013). She has also been recognized as Pomona College’s Inspirational Young Alumna (2006), awarded the prestigious Echoing Green fellowship (2007), and recognized as the New Leaders Council’s 40 Under 40 (2010), among others.

Emily’s ground-breaking work with Asylum Access has earned her international speaking invitations and widespread media attention, including the Rotary International Peace Symposium (2008, 2009), the UN High Commissioner for Refugees’ Annual Consultations (2008, 2009), a cover feature in the Christian Science Monitor (September 2009), and the San Francisco Examiner’s Credo column (July 2011). She holds a B.A. cum laude from Pomona College and a J.D. from Georgetown University Law Center.

Committed to sharing her knowledge with young and aspiring social entrepreneurs, Emily serves as an adjunct professor at the University of San Francisco, teaching a course in social entrepreneurship. In Fall 2012, Emily was selected as one of three Social Entrepreneurs in Residence at Stanford where she participated as “expert respondent” in Stanford Law School’s Law, Social Entrepreneurship and Social Change course, and this Spring 2013, Emily is leading an intensive skills-building course on social entrepreneurship at Pomona College.

Even before founding Asylum Access, Emily was an accomplished human rights advocate. She previously litigated civil rights claims in private practice and with Equal Rights Advocates, where she was part of the legal team in the landmark gender discrimination case against Wal-Mart. She has also been involved in a range of international work, including collaborating with a Nigerian women’s rights organization to draft a gender-egalitarian model Shar’ia marriage and divorce code.

A visionary human rights activist, Emily Arnold-Fernández takes her inspiration from a line in a June Jordan poem: “We are the ones we have been waiting for.”

Emily is particularly passionate about Asylum Access, however, because it has the power to transform refugee rights from paper promises to on-the-ground reality. “For half a century, international law has given refugees the rights to live safely, seek employment, send children to school and rebuild their lives. But those rights are meaningless unless they are respected on the ground,” she says. “Asylum Access provides a rare opportunity to fill a gaping hole in our human rights system – by making refugee rights a reality for real people.”

Discussants: James Cavallaro, Stanford Law School and Jenny S. Martinez, Stanford Law School. 
                        

Emily Arnold-Fernandez Founder and Executive Director Speaker Asylum Access
James Cavallaro Professor of law and Founder and Director of the International Human Rights and Conflict Resolution Clinic Discussant Stanford Law School
Jenny S. Martinez Warren Christopher Professor in the Practice of International Law and Diplomacy Discussant Stanford Law School
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General Philip M. Breedlove will discuss the rapidly evolving geopolitical climate in Europe. Additionally, he will highlight many of the current and future security challenges which the United States and NATO must be prepared for.

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Photo of General Philip M. Breedlove


Gen. Breedlove is Commander, Supreme Allied Command, Europe, SHAPE, Belgium and Headquarters, U.S. European Command, Stuttgart, Germany.   

The General was raised in Forest Park, Ga., and was commissioned in 1977 as a distinguished graduate of Georgia Tech's ROTC program. He has been assigned to numerous operational, command and staff positions, and has completed nine overseas tours, including two remote tours. He has commanded a fighter squadron, an operations group, three fighter wings, and a numbered air force. Additionally, he has served as Vice Chief of Staff of the U.S. Air Force, Washington, D.C. Operations Officer in the Pacific Command Division on the Joint Staff; Executive Officer to the Commander of Headquarters Air Combat Command; the Senior Military Assistant to the Secretary of the Air Force; and Vice Director for Strategic Plans and Policy on the Joint Staff. 

Prior to assuming his current position, General Breedlove served as the Commander, U.S. Air Forces in Europe; Commander, U.S. Air Forces Africa; Commander, Air Component Command, Ramstein; and Director, Joint Air Power Competence Centre, Kalkar, Germany.  He was responsible for Air Forces activities, conducted through 3rd Air Force, in an area of operations covering more than 19 million square miles.  This area included 105 countries in Europe, Africa, Asia and the Middle East, and the Arctic and Atlantic oceans.  As Vice Chief, he presided over the Air Staff and served as a member of the Joint Chiefs of Staff Requirements Oversight Council and Deputy Advisory Working Group. He assisted the Chief of Staff with organizing, training, and equipping of 680,000 active-duty, Guard, Reserve and civilian forces serving in the United States and overseas. General Breedlove has flown combat missions in Operation Joint Forge/Joint Guardian. He is a command pilot with 3,500 flying hours, primarily in the F-16.

Koret Taube Conference Center (Room 130)
Gunn-SIEPR Building
366 Galvez Avenue

 

General Philip M. Breedlove Commander, Supreme Allied Command, Europe, SHAPE, Belgium and Headquarters, U.S. European Command, Stuttgart, Germany Speaker
Lectures
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Due to the high interest in this event, we have moved it to a larger room.  It is now in the Oksenberg Conference Room, Encina Hall, 3rd floor.

 

The February Minsk II agreement introduced a fragile ceasefire in eastern Ukraine, following a year of crisis and conflict between Kyiv and Moscow.  Ukrainian President Poroshenko needs to grapple with a daunting list of critical economic and political reforms.  Russian President Putin, however, appears intent on destabilizing the Ukrainian government and has the means, including military force, to do so.  What can we expect next in the Ukraine-Russia stand-off, and how should the West respond?

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Steven Pifer

 

Steven Pifer is a senior fellow at the Brookings Institution, where his work focuses on arms control, Ukraine and Russia. A retired Foreign Service officer, his more than 25 years with the State Department included assignments as deputy assistant secretary of state with responsibilities for Russia and Ukraine (2001-2004), ambassador to Ukraine (1998-2000), and special assistant to the president and senior director for Russia, Ukraine and Eurasia on the National Security Council (1996-1997).

 

Co-sponsored by the Freeman Spogli Institute for International Studies and The Europe Center.

Steven Pifer Senior Fellow Speaker the Brookings Institution
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For 14 years, Mariano-Florentino Cuéllar has been a tireless Stanford professor who has strengthened the fabric of university’s interdisciplinary nature. Joining the faculty at Stanford Law School in 2001, Cuéllar soon found a second home for himself at the Freeman Spogli for International Studies. He held various leadership roles throughout the institute for several years – including serving as co-director of the Center for International Security and Cooperation. He took the helm of FSI as the institute’s director in 2013, and oversaw a tremendous expansion of faculty, research activity and student engagement. 

An expert in administrative law, criminal law, international law, and executive power and legislation, Cuéllar is now taking on a new role. He leaves Stanford this month to serve as justice of the California Supreme Court and will be succeeded at FSI by Michael McFaul on Jan. 5.

 As the academic quarter comes to a close, Cuéllar took some time to discuss his achievements at FSI and the institute’s role on campus. And his 2014 Annual Letter and Report can be read here.

You’ve had an active 20 months as FSI’s director. But what do you feel are your major accomplishments? 

We started with a superb faculty and made it even stronger. We hired six new faculty members in areas ranging from health and drug policy to nuclear security to governance. We also strengthened our capacity to generate rigorous research on key global issues, including nuclear security, global poverty, cybersecurity, and health policy. Second, we developed our focus on teaching and education. Our new International Policy Implementation Lab brings faculty and students together to work on applied projects, like reducing air pollution in Bangladesh, and improving opportunities for rural schoolchildren in China.  We renewed FSI's focus on the Ford Dorsey Program in International Policy Studies, adding faculty and fellowships, and launched a new Stanford Global Student Fellows program to give Stanford students global experiences through research opportunities.   Third, we bolstered FSI's core infrastructure to support research and education, by improving the Institute's financial position and moving forward with plans to enhance the Encina complex that houses FSI.

Finally, we forged strong partnerships with critical allies across campus. The Graduate School of Business is our partner on a campus-wide Global Development and Poverty Initiative supporting new research to mitigate global poverty.  We've also worked with the Law School and the School of Engineering to help launch the new Stanford Cyber Initiative with $15 million in funding from the Hewlett Foundation. We are engaging more faculty with new health policy working groups launched with the School of Medicine and an international and comparative education venture with the Graduate School of Education. 

Those partnerships speak very strongly to the interdisciplinary nature of Stanford and FSI. How do these relationships reflect FSI's goals?

The genius of Stanford has been its investment in interdisciplinary institutions. FSI is one of the largest. We should be judged not only by what we do within our four walls, but by what activity we catalyze and support across campus. With the business school, we've launched the initiative to support research on global poverty across the university. This is a part of the SEED initiative of the business school and it is very complementary to our priorities on researching and understanding global poverty and how to alleviate. It's brought together researchers from the business school, from FSI, from the medical school, and from the economics department.  

Another example would be our health policy working groups with the School of Medicine. Here, we're leveraging FSI’s Center for Health Policy, which is a great joint venture and allows us to convene people who are interested in the implementation of healthcare reforms and compare the perspective and on why lifesaving interventions are not implemented in developing countries and how we can better manage biosecurity risks. These working groups are a forum for people to understand each other's research agendas, to collaborate on seeking funding and to engage students. 

I could tell a similar story about our Mexico Initiative.  We organize these groups so that they cut across generations of scholars so that they engage people who are experienced researchers but also new fellows, who are developing their own agenda for their careers. Sometimes it takes resources, sometimes it takes the engagement of people, but often what we've found at FSI is that by working together with some of our partners across the university, we have a more lasting impact.

Looking at a growing spectrum of global challenges, where would you like to see FSI increase its attention? 

FSI's faculty, students, staff, and space represent a unique resource to engage Stanford in taking on challenges like global hunger, infectious disease, forced migration, and weak institutions.  The  key breakthrough for FSI has been growing from its roots in international relations, geopolitics, and security to focusing on shared global challenges, of which four are at the core of our work: security, governance, international development, and  health. 

These issues cross borders. They are not the concern of any one country. 

Geopolitics remain important to the institute, and some critical and important work is going on at the Center for International Security and Cooperation to help us manage the threat of nuclear proliferation, for example. But even nuclear proliferation is an example of how the transnational issues cut across the international divide. Norms about law, the capacity of transnational criminal networks, smuggling rings, the use of information technology, cybersecurity threats – all of these factors can affect even a traditional geopolitical issue like nuclear proliferation. 

So I can see a research and education agenda focused on evolving transnational pressures that will affect humanity in years to come. How a child fares when she is growing up in Africa will depend at least as much on these shared global challenges involving hunger and poverty, health, security, the role of information technology and humanity as they will on traditional relations between governments, for instance. 

What are some concrete achievements that demonstrate how FSI has helped create an environment for policy decisions to be better understood and implemented?

We forged a productive collaboration with the U.N. High Commissioner for Refugees through a project on refugee settlements that convened architects, Stanford researchers, students and experienced humanitarian responders to improve the design of settlements that house refugees and are supposed to meet their human needs. That is now an ongoing effort at the UN Refugee Agency, which has also benefited from collaboration with us on data visualization and internship for Stanford students. 

Our faculty and fellows continue the Institute's longstanding research to improve security and educate policymakers. We sometimes play a role in Track II diplomacy on sensitive issues involving global security – including in South Asia and Northeast Asia.  Together with Hoover, We convened a first-ever cyber bootcamp to help legislative staff understand the Internet and its vulnerabilities. We have researchers who are in regular contact with policymakers working on understanding how governance failures can affect the world's ability to meet pressing health challenges, including infectious diseases, such as Ebola.

On issues of economic policy and development, our faculty convened a summit of Japanese prefectural officials work with the private sector to understand strategies to develop the Japanese economy.  

And we continued educating the next generation of leaders on global issues through the Draper Hills summer fellows program and our honors programs in security and in democracy and the rule of law. 

How do you see FSI’s role as one of Stanford’s independent laboratories?

It's important to recognize that FSI's growth comes at particularly interesting time in the history of higher education – where universities are under pressure, where the question of how best to advance human knowledge is a very hotly debated question, where universities are diverging from each other in some ways and where we all have to ask ourselves how best to be faithful to our mission but to innovate. And in that respect, FSI is a laboratory. It is an experimental venture that can help us to understand how a university like Stanford can organize itself to advance the mission of many units, that's the partnership point, but to do so in a somewhat different way with a deep engagement to practicality and to the current challenges facing the world without abandoning a similarly deep commitment to theory, empirical investigation, and rigorous scholarship.

What have you learned from your time at Stanford and as director of FSI that will inform and influence how you approach your role on the state’s highest court?

Universities play an essential role in human wellbeing because they help us advance knowledge and prepare leaders for a difficult world. To do this, universities need to be islands of integrity, they need to be engaged enough with the outside world to understand it but removed enough from it to keep to the special rules that are necessary to advance the university's mission. 

Some of these challenges are also reflected in the role of courts. They also need to be islands of integrity in a tumultuous world, and they require fidelity to high standards to protect the rights of the public and to implement laws fairly and equally.  

This takes constant vigilance, commitment to principle, and a practical understanding of how the world works. It takes a combination of humility and determination. It requires listening carefully, it requires being decisive and it requires understanding that when it's part of a journey that allows for discovery but also requires deep understanding of the past.

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The Europe Center Graduate Student Grant Competition

Call for Proposals:

The Europe Center is pleased to announce the Fall 2014 Graduate Student Grant Competition for graduate and professional students at Stanford whose research or work focuses on Europe. Funds are available for Ph.D. candidates from across a wide range of disciplines in the humanities and social sciences to prepare for dissertation research and to conduct research on approved dissertation projects. The Europe Center also supports early graduate students who wish to determine the feasibility of a dissertation topic or acquire training relevant for that topic. Moreover, funds are available for professional students whose interests focus on some aspect of European politics, economics, history, or culture; the latter may be used to support an internship or a research project. Grants range from $500 to $5000.

Additional information about the grants, as well as the online application form, can be found here.  The deadline for this Fall’s competition is Friday, October 17th. Recipients will be notified by November 7th. A second competition is scheduled for Spring 2015.
 

Highlights from 2013-2014:

In the 2013-2014 academic year, the Center awarded grants to 26 graduate students in departments ranging from Linguistics to Political Science to Anthropology. We would like to introduce you to some of the students that we support and the projects on which they are working. Our featured students this month are Michela Giorcelli (Economics) and Orysia Kulick (History).

Giorc

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elli’s project, “The Effects of Management and Technology on Firms’ Productivity: Lesson from the US Marshall Plan in Italy,” explores the role of productivity in the process of economic growth and development. It is typically difficult to isolate the causal effect of management training programs and technology transfer programs on business productivity because these measures are often endogenous to other unobservable factors. To overcome this concern, Giorcelli employed a unique research design to analyze the effects of the Marshall Plan’s transfer of US management and technology to Italian firms in the aftermath of WWII. 

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Giorcelli collected and digitized balance sheets data for 6,035 Italian firms eligible to receive the US management and technology support between 1930 to 1970. She then exploited an exogenous change in policy implementation that randomly determined which firms actually received Marshall Plan support. Preliminary results show that all firms that received either support significantly increased their productivity. Moreover, firms that received both sets of support simultaneously showed an additional increase in productivity, suggesting that management and technology are complementary in production. (Inset: The archives where Giorcelli conducted her research)

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Kulick’s project, “Regionalism in Ukraine and the Long Collapse of the Soviet Union, 1954--2014,” used original historical evidence collected from Ukrainian archives to study the political nexus between party elites in Kiev and in Moscow. For example, Kulick gleaned insights about the political economy of postwar industrial reconstruction from local archives in Dnipropetrovsk, a metallurgical powerhouse in the region. Previously inaccessible primary sources indicate that as the Soviet economy grew more complex, the state apparatus became more independent. Consequently, managerial specialists needed more autonomy to meet deadlines and quotas, making them--rather than the party--the source of innovation in postwar Ukraine. 

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According to Kulick, “my research this summer opened up new ways of thinking about the relationship between the party and the institutions that made up the Soviet state and economy.” Kulick used insights from Soviet-era KGB documents to shed new light on the current propaganda emanating out of the Kremlin. For example, she found that the long-term pull toward greater improvisation has had ongoing consequences. The current conflict is not just about Ukraine’s geopolitical orientation; it is also the byproduct of the dissolution of intransigent and poorly understood late Soviet-era institutions. (Inset: Kulick documents military mobilization during her summer in Ukraine)
 


Undergraduate Internship Program: Highlights

The Europe Center sponsored four undergraduate student internships with leading think tanks and international organizations in Europe in Summer 2014.  Laura Conigliaro (International Relations, 2015) joined the Centre for European Policy Studies (CEPS), while Elsa Brown (Political Science, 2015), Noah Garcia (BA International Relations and MA Public Policy, 2015), and Jana Persky (Public Policy, 2016) joined Bruegel, a leading European think tank. Our featured student this month is Laura Conigliaro.

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During her time at CEPS, Conigliaro worked on a 68-page research paper on genetically modified organisms (GMO) policy in the European Union. In the paper, she traces E.U. legislation and policy development on GMOs from 1990 onward, and also offers conclusions for the future trajectory of the E.U.’s GMO policy. Conigliaro argues that the evolution of the E.U.’s GMO policy is a topic of extreme relevance--and difficulty--because it is the source of high-level trade conflicts between Europe and the United States. Consequently, the study of GMO policymaking can help advance our understanding of E.U. institutions, E.U. “comitology” (policy process), and E.U.-U.S. bilateral relations. 

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Conigliaro plans to incorporate the summer fellowship experience into her Stanford academic career, for example, by presenting research findings at Stanford’s Symposia of Undergraduate Research and Public Service (SURPS). Looking ahead, she writes: “I hope to use the knowledge and experience gained of the E.U. Institutions and policy process through the lens of the GMO issue to broaden and diversify my potential career opportunities and areas from my traditional area of concentration, East Asia, to also include the European Union.”


Recap:  Panel on Europe-Russia Relations and EU expansion

On September 30, 2014, Miroslav Lajčák, the Deputy Prime Minister and the Minister of Foreign and European Affairs of the Slovak Republic, participated in a panel discussion in which he shared his thoughts and opinions about Europe’s relationship with Russia, and about the E.U.’s management of its future membership and associations. The Minister’s viewpoints were of particular interest, given his role in the E.U. foreign policy establishment, and the Slovak Republic’s role in the E.U. and NATO.

“The fact is that E.U.-Russia relations have worsened dramatically. That cannot be denied. But it’s not E.U. enlargement that played a major role in this.”  According to the Minister, Russia did not view E.U. enlargement with hostility, in part, because enlargement remained a transparent process. “But it all changed when Europe decided to enter into Russia’s immediate neighborhood...the former Soviet Republics. And this was something that

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Miroslav Lajčák
was seen by Russia as a hostile activity, and this was what Russia fiercely resisted.” The Minister spoke candidly about the potential conflicts of concepts between the E.U.’s Eastern Partnership policy, Russia’s Near Abroad policy, and the idea of a Eurasian Union. A fundamental and ongoing source of tension pertains to the geopolitical position of Russia’s immediate neighbors: “The fact is that Russia never accepted the full sovereignty of the former Soviet Republics.” Apart from discussing the escalation of tensions between the E.U. and Russia, the Minister spoke about the role of sanctions and reforms as a path for moving forward and achieving lasting peace in Europe.

Minister Lajčák’s brought a variety of experiences to the panel. He served as the European Union Chief Negotiator for the E.U.-Ukraine and E.U.-Moldova Association Agreements, and was the European Union Special Representative for Bosnia and Herzegovina, and Sarajevo. Additionally, he was previously the Ambassador of the Slovak Republic to the Former Republic of Yugoslavia, Albania and the Former Yugoslav Republic of Macedonia. 

After Minister Lajčák spoke, he was followed by comments by Michael McFaul, Professor of Political Science and Senior Fellow, Hoover Institute and Freeman Spogli Institute; Norman Naimark, the Robert and Florence McDonnell Professor in East European Studies in the History Department and The Director of Stanford Global Studies; and Kathryn Stoner, Senior Fellow at the Freeman Spogli Institute and Faculty Director of the Susan Ford Dorsey Program in International Studies.


Introducing “Immigration and Integration in Europe” Policy Lab

The Europe Center would like to introduce a new research project entitled, “Immigration and Integration in Europe:  A Public Policy Perspective,” led by Professors David Laitin and Jens Hainmueller. Duncan Lawrence has recently joined Stanford University to help direct the project. The project is part of the new Policy Implementation Lab at the Freeman Spogli Institute for International Studies.

The social and economic integration of its diverse and ever growing immigrant populations is one of the most fundamental and pressing policy issues European countries face today. Success or failure in integrating immigrants is likely to have a substantial effect on the ability of European countries individually and collectively as members of the European Union to achieve objectives ranging from the profound such as sustaining a robust democratic culture to the necessary such as fostering economic cooperation between countries. Various policies have been devised to address this grave political dilemma, but despite heated public debates we know very little about whether these policies achieve their stated goals and actually foster the integration of immigrants into the host societies. (Inset: David Laitin)

Professor Jens Hainmueller.The goal of this research program is to fill this gap and create a network of leading immigration scholars in the US and Europe to generate rigorous evidence about what works and what does not when it comes to integration policies. The methodological core of the lab’s research program is a focus on systematic impact evaluations that leverage experimental and quasi-experimental methods with common study protocols to quantify the social and economic returns to integration policies across Europe, including polices for public housing, education, citizenship acquisition, and integration contracts for newcomers. This work will add to the quality of informed public debate on a sensitive issue, and create cumulative knowledge about policies that will be broadly relevant. (Inset: Jens Hainmueller)


The Europe Center Sponsored Events

We invite you to attend the following events sponsored or co-sponsored by The Europe Center:

Additional Details on our website
October 8-10, 2014
“War, Revolution and Freedom: the Baltic Countries in the 20th Century”
Stauffer Auditorium, Hoover Institution
9:00 AM onward

Save the Date
April 24-25, 2015
Conference on Human Rights

A collaborative effort between the International Human Rights and Conflict Resolution Clinic at Stanford Law School (IHRCRC), the Research Center for Human Rights at Vienna University (RCHR), and The Europe Center. The conference will focus on the pedagogy and practice of human rights. 

Save the Date
May 20-22, 2015
TEC Lectureship on Europe and the World 
Joel Mokyr
Robert H. Strotz Professor of Arts and Sciences, and Professor of Economics and History, Northwestern University

We welcome you to visit our website for additional details.

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Encina Hall
616 Serra Street
Stanford, CA  94305-6165

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Visiting Scholar at The Europe Center, 2014-2015
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Irmgard Marboe is a visiting scholar at The Europe Center and an Associate Professor of International Law in the Department of European, International and Comparative Law, Faculty of Law at the University of Vienna. She is the head of the Austrian National Point of Contact for Space Law (NPOC) of the European Centre for Space Law (ECSL). Between 2008 and 2012, she was the chair of the working group on national space legislation of the Legal Subcommittee of the UN Committee for the Peaceful Uses of Outer Space which drafted the most recent UN General Assembly resolution relating to outer space activities (Res 68/74 of 11 December 2013).

Another research focus is international investment law where Professor Marboe specializes on the issue of compensation and damages. A second edition of her book Calculation of Compensation and Damages in International Investment Law (Oxford University Press, 2009) is currently in preparation. In addition, she works on Islamic law in the context of international law. She has been the director of the bi-annual Vienna International Christian-Islamic Summer University (www.vicisu.com) since 2008.

While at Stanford, Professor Marboe will work on a research project comparing US and European policies and legislation on data collected by Earth observation satellites.

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The crime of rape has been prevalent in all contexts, whether committed during armed conflict or in peacetime, and has largely been characterised by a culture of impunity. International law, through its branches of international human rights law, international humanitarian law and international criminal law, has increasingly condemned such violence and is progressively obliging states to prevent rape, whether committed by a state agent or a private actor. Whereas the prohibition of rape has been consistently recognised in these areas of law, the definition of the offence has been a later concern to international law. Attempts to define the crime have, however, been made by the ad hoc tribunals (International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia), regional human rights courts and UN treaty bodies. Increasing duties are thus placed on states, not only to prevent rape through the enactment of criminal laws, but to adopt specific elements of the crime in domestic legislation. This study systematises and analyses such emerging obligations in international law. This leads to overarching questions on the fragmentation and harmonisation of norms between various regimes in international law.

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Maria Sjöholm
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9789004202634

Encina Hall
616 Serra Street
Stanford, CA  94305-6165

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Anna Lindh Visiting Scholar at The Europe Center, 2014-2015
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Maria Sjöholm currently holds the position as a post-doc researcher at the Faculty of Law of Stockholm University, Sweden. She is in the process of writing a monograph reviewing the integration of women’s human rights law into regional human rights treaties, analysing the methodological and theoretical frameworks with which such rights have been incorporated into these treaties. Her previous research includes the book “Defining Rape: Emerging Obligations for States under International Law?” (Brill) and an article on the approach by the European Court of Human Rights to human trafficking. She is a member of the Committee on Feminism and International Law of the International Law Association and has taught courses on international human rights law and international criminal law at various universities in Sweden.

Stanford Law School
Neukom Building
Room N255

(650) 736-8090 (voice)
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Distinguished Austrian Chair Professor (2013-2014)
Visiting Professor, Stanford Law School
Professor of Law, University of Vienna, Austria
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Manfred Nowak graduated from the Vienna Law School (Dr. iur. 1973) and from Columbia University New York (LL.M. 1975). He has been professor at the Institute of Constitutional and Administrative Law at the University of Vienna since 1986. He was member of the Austrian Delegation to the U.N. Commission on Human Rights (1986 and 1993) as well as director of the Netherlands Institute of Human Rights (SIM) at the University of Utrecht (1987-1989). In 1989, he founded the Austrian Ludwig Boltzmann Institute of Human Rights in Vienna and coordinated NGO-parallel events during the 1993 UN Conference for Human Rights in Vienna while he also was Professor of Law at the Austrian Federal Academy of Public Administration in Vienna until 2002.

As U.N. expert on missing persons in the former Yugoslavia he started a process aiming at the identification of missing persons through exhumation of mortal remains between 1994 and 1997.

From 1996-2003, Manfred Nowak was a judge at the Human Rights Chamber in Bosnia. Since 2000, he is head of an independent human rights commission at the Austrian Interior Ministry. From 2002 to 2003 he was visiting professor at the Raoul Wallenberg of Human Rights and Humanitarian Law at the University of Lund. He has been a UN expert on legal questions on enforced disappearances since 2002 and was appointed UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment in 2004 with a mandate until 2010.

In addition, Manfred Nowak is also Chairperson of the European Masters Degree in Human Rights and Democratisation (since 2000). Manfred Nowak has published more than 400 books and articles on international, constitutional, administrative, and human rights law, including the standard commentary on the International Covenant on Civil and Political Rights. He was awarded the UNESCO Prize for the Teaching of Human Rights in 1994 and the Bruno Kreisky Prize for Human Rights in 2007.

 

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The Europe Center invites you to attend this special event with opening remarks by co-hosts Amir Eshel, Abbas Milani, and Tobias Wolff

All interested faculty and students from all fields are invited to to join us for this open discussion. Thoughts and comments are welcome from all angles of analysis and about the myriad contexts and consequences of the years of the Rushdie affair: historical and present-day religion and its intersection with politics, the poetics of Rushdie’s new book, principles of free speech, authorial ethics and responsibility, international law, extra-juridical and political protections and persecutions, and the way the conflict was brought to a close with models and challenges for post-conflict reconciliation.

Co-sponsored by the Stanford Initiative for Religious and Ethnic Understanding and Coexistence, supported by the President’s Fund, The Center for the Comparative Study of Race and Ethnicity, the Religious Studies Department, and the Taube Center for Jewish Studies

Oberndorf Event Center at the Knight Management Center, North Building, 3rd floor
655 Knight Way

Dept of German Studies
Building 260, Room 204
Stanford University
Stanford, CA 94305-2030

(650) 723-0413 (650) 725-8421
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Edward Clark Crossett Professor of Humanistic Studies
Professor of Comparative Literature
Professor of German Studies
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MA, PhD

Amir Eshel is Edward Clark Crossett Professor of Humanistic Studies. He is Professor of German Studies and Comparative Literature and as of 2019 Director of Comparative Literature and its graduate program. His Stanford affiliations include The Taube Center for Jewish Studies, Modern Thought & Literature, and The Europe Center at Stanford University’s Freeman Spogli Institute for International Studies. He is also the faculty director of Stanford’s research group on The Contemporary and of the Poetic Media Lab at Stanford’s Center for Spatial and Textual Analysis (CESTA). His research focuses on contemporary literature and the arts as they touch on philosophy, specifically on memory, history, political thought, and ethics.

Amir Eshel is the author of Poetic Thinking Today (Stanford University Press, 2019); German translation at Suhrkamp Verlag, 2020). Previous books include Futurity: Contemporary Literature and the Quest for the Past (The University of Chicago Press in 2013). The German version of the book, Zukünftigkeit: Die zeitgenössische Literatur und die Vergangenheit, appeared in 2012 with Suhrkamp Verlag. Together with Rachel Seelig, he co-edited The German-Hebrew Dialogue: Studies of Encounter and Exchange (2018). In 2014, he co-edited with Ulrich Baer a book of essays on Hannah Arendt, Hannah Arendt: zwischen den Disziplinen; and also co-edited a book of essays on Barbara Honigmann with Yfaat Weiss, Kurz hinter der Wahrheit und dicht neben der Lüge (2013).

Earlier scholarship includes the books Zeit der Zäsur: Jüdische Lyriker im Angesicht der Shoah (1999), and Das Ungesagte Schreiben: Israelische Prosa und das Problem der Palästinensischen Flucht und Vertreibung (2006). Amir Eshel has also published essays on Franz Kafka, Hannah Arendt, Paul Celan, Dani Karavan, Gerhard Richter, W.G. Sebald, Günter Grass, Alexander Kluge, Barbara Honigmann, Durs Grünbein, Dan Pagis, S. Yizhar, and Yoram Kaniyuk.

Amir Eshel’s poetry includes a 2018 book with the artist Gerhard Richter, Zeichnungen/רישומים, a work which brings together 25 drawings by Richter from the clycle 40 Tage and Eshel’s bi-lingual poetry in Hebrew and German. In 2020, Mossad Bialik brings his Hebrew poetry collection בין מדבר למדבר, Between Deserts.

Amir Eshel is a recipient of fellowships from the Alexander von Humboldt and the Friedrich Ebert foundations and received the Award for Distinguished Teaching from the School of Humanities and Sciences.

Affiliated faculty of The Europe Center
Affiliated faculty of The Taube Center for Jewish Studies
Faculty Director of The Contemporary Research Group
Faculty Director of the Poetic Media Lab
CV
Amir Eshel Director of The Europe Center at FSI Stanford and Professor of German Studies and Comparative Literature; CISAC Affiliated Faculty Member Speaker
Tobias Wolff The Ward W. and Priscilla B. Woods Professor of English; professor, Creative Writing program Speaker
Abbas Milani Hamid and Christina Moghadam Director of Iranian Studies; Visiting Professor in the department of Political Science; Co-director of the Iran Democracy Project; CDDRL Affiliated Faculty Speaker
Conferences
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