International Law

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Stanford University
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Visiting Professor, The Europe Center, International Policy Studies and the Stanford Law School
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J.S.D.

Michael Mousa Karayanni, is the Bruce W. Wayne Professor of International Law, Faculty of Law, Hebrew University of Jerusalem. His research interests include private international law and inter-religious law, multiculturalism and civil procedure. He is the author of Conflicts in a Conflict (forthcoming, OUP 2013). Professor Karayanni graduated from the University of Pennsylvania Law School (SJD, 2003) and Hebrew University of Jerusalem (LLD (Hons.), 2000). 

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Roland Hsu, Associate Director of The Europe Center at the Stanford Freeman Spogli Institute for International Studies was interviewed by the Media Project on the subjects of The Europe Center's research, and its sponsorship of the United Nations Association International Film Festival.  Hsu was asked to discuss the research and policy implications of the subjects of key films in this year's international documentary film festival.  Among the subjects that Hsu underlines:

International Law and Human Rights: The International Criminal Court and the challenges and strategies of the Court's Chief Prosecutor Luis Moreno Ocampo to bring indictments for crimes against humanity -- even indictments of sitting sovereign leaders.

Cultural Minority Rights: Roma communities in Europe (east and west) and the struggle among political and community leaders, as well as residents and school teachers, to balance the preservation and perpetuation of cultural specificity with the need for adaptation and assimiliation.

Reconciliation: how do victims and perpetrators of atrocities and social repression find ways to process their memories, and to live on as neighbors in reconciled community.  Models for such deep truth and reconciliation include the well-known institutions of Truth & Reconciliation Commissions, and also the mediating influence of cultural production in literature and the visual arts.

Among the research and public outreach projects at The Europe Center discussed by Hsu was “Islam in the West: Conflict and Reconciliation” designed to answer the challenge of social and political integration within the high immigration West.  With an effective focus on the European Union and the transatlantic West, The Europe Center is opening a seminar series on “Islam and the West” with partner The Abassi Program in Islamic Studies (Stanford) and European partners including Oxford University, which seeks to investigate the challenges of social integration.  "The design is based on our years of achievement in this area, delivering insight on EU policy towards its newest members, East-West and transatlantic relations, crime and social conflict, and European models of universal citizenship," says Hsu.

The plan for this series began with the book Ethnic Europe: Ethnicity in Today’s Europe: Mobility Identity, and Conflict in a Globalized World” (edited and with an essay by Roland Hsu.)  Hsu explains, "This book was developed from the Center’s international conference on the topic, and reveals path breaking data and proposals for immigration, integration, and a ‘civic Islam’ in a globalizing Europe."

 
The full interview with additional participants is at: http://www.youtube.com/watch?v=5R17XBFnumY


The United Nations Association Film Festival is at: http://www.unaff.org/2011/index.html

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The number one topic around the globe has been the world after Bin Laden and the appropriate ways for democracies to dispose of terrorists. From Washington, to Brussels, to Tel Aviv and Islamabad, pundits and average citizens have weighed in on the debate.

Sweden’s contribution to the question of how to deal with terrorism was to provide a welcome mat - in the form of a taxpayer-funded lecture tour - for the notorious Popular Front for the Liberation of Palestine (PFLP) airplane hijacker, Leila Khaled.

Khaled literally burst onto the world scene in 1969 when she boarded TWA’s flight 840 in Rome with hand grenades taped around her waist. She stormed the cockpit, declaring she belonged to the Che Guevara Commando Unit of the Marxist-Leninist PFLP. Terrified passengers were held hostage and only released after Israel agreed to free Palestinian prisoners held in Israeli prisons. One year later, she masterminded a new brutal hijacking after undergoing plastic surgery to conceal her identity.

In 2002, in the wake of the 9/11 attacks, The European Union through its European Council decided to include the PFLP on its list of terrorist groups.

The people of Israel are all too familiar with the savagery of the PFLP. It took responsibility for the 2001 assassination of Tourism Minister, Rehavam Zeevi. On Friday night, March 11th 2011, two PFLP members butchered the Fogel family in Itamar, including four-and eleven-year-old children and a three-month infant.

Ms. Khaled sits on the PFLP Central Committee and has not expressed regret for her involvement in terrorism. Because of her history of aiding and abetting terrorism, a police complaint was recently issued against her in Sweden for gross violations of international law.

But that came too late. During her tax-payer funded visit to Sweden, Khaled spoke at the May Day demonstrations of the Stalinist Swedish Communist Party and the Anarcho-syndicalist Trade Union Federation. She held publicly funded lectures at an Art Gallery and spoke on developments in the Middle East at the publicly- funded Södertörn
University College.

Incredibly, Khaled also participated at a seminar on political activism arranged by the Left Party represented in Sweden’s Parliament.

The organizers of her appearances had nothing but praise for the PFLP leader. Anna Ahlstrand, Project Manager at Konsthall C, which is funded by the government’s Arts Grant Committee, declared “she is an icon for many people”. Jonatan Habib Engqvist, Project Manager at the Governmental Arts Grants Committee that financed her tour described the arch terrorist as “a very established feminist thinker.”

Irresponsible behavior
Unfortunately, Leila Khaled isn’t the first member of a Palestinian terrorist group to get special treatment from Stockholm. In 2006, the Swedish consulate in Jerusalem, in contravention of EU regulations, granted a Schengen visa to Hamas’ Minister of Refugees, Atef Adwan. Such a visa makes it possible for the bearer to travel across 15 European Countries. That decision provoked protests from Israel, which said it lent legitimacy to Hamas, and from France, which had rejected earlier visa requests by Hamas leaders.

So far Sweden’s decision to grant entry to Khaled – a leading representative of an organization deemed a terrorist group by more than 30 countries, including Sweden, all EU Member States and the United States – hasn’t spurred protest from the US or other
European countries.

But the decision to allow her into Sweden could have broader consequences. It comes at a time when many European nations want to take back direct control of their national frontiers. Indeed, the European Commission is currently debating the re-imposition of border controls within the so-called Schengen region.

Leila Khalid’s taxpayer-funded trip comes even as Swedish authorities continue to turn a deaf ear to repeated calls from the Jewish Community and the Simon Wiesenthal Center to fund security for Jewish institutions facing increasing anti-Semitism and global Islamist threats.

The irresponsible behavior of Swedish authorities will likely doom any future role in Israeli-Palestinian negotiations. Back in 2000, following a more even-handed Middle East policy under then Swedish PM Goran Persson, Stockholm did help facilitate Israeli Palestinian negotiations.

According to leaked WikiLeaks reports, Carl Bildt, the current Foreign Minister is characterized, as a “medium size dog with big dog attitude.” But his government hasn’t even bothered to present a veneer of neutrality when it comes to the Holy Land, as evidenced by the fact that not a single minister visited Israel during the Swedish EU Presidency.

On the Iranian front, Bildt distinguished himself as one of the EU leaders most opposed to increased sanctions against Tehran. The very same diplomat rushed to Istanbul in June 2010 to personally greet and have his picture taken with Swedish participants in the infamous Turkish Gaza Flotilla.

If Sweden is serious about opposing terrorism and promoting Mideast peace, it must reveal the circumstances behind Leila Khalid’s entry and departure from Swedish and EU Territory and who approved the allocation of taxpayers’ funds for a woman who stands for everything Osama Bin Laden lived and died for.

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Ynetnews.com
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Daniel Schatz
Daniel Schatz
Abraham Cooper
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With democratic revolutions spreading throughout the region, and as US, European and NATO forces enter the conflict in Libya, the transatlantic community shares concern over events in the greater Middle East. The Europe Center presents a timely seminar by Ami Ayalon, former director of the Shin Bet and commander of the Israeli Navy, about the interdependence of Israeli security and Palestinian statehood and the urgent necessity of achieving a two-state solution to ensure democratic self-determination for both peoples.

Ami Ayalon is a former Member of the Israeli Knesset, Commander of the Israeli Navy, and director of the Shin Bet, Israel's internal security service. In 2003, Ayalon launched, together with former PLO representative Sari Nusseibeh, a peace initiative called “The National Census" to collect signatures of millions of Israelis and Palestinians in support of a two-state solution.

About the Speaker

Admiral Ami Ayalon was born in pre-state Israel in 1945, growing up on Kibbutz Maagan. He served in the Israeli Navy for 30 years. During his service he was decorated with the Medal of Valor, Israel's highest award and the Medal of Honor for carrying out a long list of operations without casualties as the commander of the elite Shayetet 13 Naval commando unit. From 1992-1996 he served as Chief of the Israeli Navy.

Upon retiring from the Navy, Admiral Ayalon was appointed director of the Shin Bet (Israel’s General Security Service). He is credited with rehabilitating the service, which had been hard-hit by its failure to prevent the assassination of Prime Minister Yitzhak Rabin.

In 2003, Admiral Ayalon founded the People’s Voice, a grassroots movement that, together with Palestinian professor Sari Nusseibeh, formulated a set of principles for a permanent agreement between Israel and the Palestinians. To date, over 400,000 people from both sides have signed the Ayalon-Nusseibeh Statement of Principles.

In 2005, Admiral Ayalon was elected to a senior Labor Party seat in the Knesset, and served on the several committees, including as Chair of the Knesset Subcommittee on National Emergency Readiness. In 2007, Admiral Ayalon joined Prime Minister Ehud Olmert's cabinet where he served until 2009.

Having formally retired from politics, Admiral Ayalon serves as Chairman of the Executive Committee of Haifa University, leading research on terror, ethics and international law. He is chair of AKIM, a charity for people with intellectual disabilities. He holds two degrees from Bar-Ilan University: a BA in Economics and Political Science and an MA in law, in addition to an MA in Public Administration from Harvard University. He is a graduate of the Naval War College in Newport Rhode Island.

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Ami Ayalon Speaker
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About the speaker:

Dr. Franz Cede is a retired Austrian diplomat who served as the Austrian Ambassador to Russia (1999-2003) and to NATO (2003-2007). He also was the Legal Advisor to the Austrian Foreign Ministry. He has a strong California connection dating back to the time when he was the Austrian Consul General in Los Angeles 20 years ago. Dr Cede holds the degree "Doctor of Law" from Innsbruck University. He received an M.A. in international affairs from the School of Advanced International Studies (SAIS) in Washington, D.C., and is currently an associate professor at the Andrassy University in Budapest, Hungary. Dr. Cede has published several books and articles in the field of international relations, international law and diplomacy.

Jointly sponsored by The Europe Center at the Freeman Spogli Institute for International Studies, and the Center for Russian, East European and Eurasian Studies.

 

Audio Synopsis:

In this talk, Dr. Cede details his views on Russia's evolving relationships with the EU, NATO, and the US, drawing on his experiences as Austrian ambassador to the Soviet Union from1999 to 2003. Cede first outlines his perceptions of present-day Russia-US and Russia-NATO relations. Russia, he explains, still thinks in Cold War terms of bilateral relations and considers the United States to be its primary strategic partner on global security issues, especially in light of the Obama administration's recent "reset" of relations and ratification of the new START treaty. In contrast, Russia views NATO as outdated and yet still a threat. Its expansion to the East is viewed with suspicion by Putin's administration, which considers these developments to be distinctly anti-Russian. Russia engages with NATO only to the extent that it believes it can influence the organization's behavior and policies toward Moscow.  Still, in Cede's experience, the NATO-US-Russia triangle continues to be at the forefront of Russian policymakers' dialogue. Russian leaders prefer to avoid dealing with the EU because it lacks a coherent foreign policy, and also because Russia prefers bilateral relations with countries that offer a strategic benefit. Dr. Cede quotes Timothy Garton Ash, who wrote in a recent op-ed that "much of the Russian foreign policy elite treats the European Union as a kind of transient, post-modern late 20th century anachronism: flawed in principle, and feeble in practice. What matters in the 21st century, as much as it did in the 19th century, is the...determination of great powers." Dr. Cede cites the Georgian military intervention and recent Ukrainian gas crisis as examples of Russia's renewed attempts to reestablish dominance in its neighborhood.  

In the second portion of his talk Dr. Cede traces the evolution of Russian views of the EU and NATO.  Ten years ago, the EU-Russia relationship was largely ignored in the Russian media. When Cede asked Russian citizens for their views on the EU, they "either didn't know or didn't care." As Ambassador, Dr. Cede found Russian officials better informed, but  disdainful of being given orders by EU donors and "treated like a developing country." Cede illustrates this dynamic by recounting the 2004 incident in which the EU forced the residents of Russia's Kaliningrad Oblast region to apply for EU Shengen visas, which then required special permits to travel throughout Russia.  Western assurances that EU expansion to the east was not an attack on Russia but rather an attempt to extend stability to the Eastern bloc fell on deaf ears. Cede believes that notwithstanding Russia's attitude, the country is too big to ever join the EU, or to be influenced by Europe in its policy decisions. Because Russia still views itself as "one of the poles in a multipolar world," Dr. Cede insists that any change must come from within the country. However, Cede views Russia's candidacy to the WTO, which would require a clearer commitment to democracy and open economic policies, as a glimmer of hope.

Finally, Dr. Cede outlines several "permanent" features of Russia's relationship with the world, including economic interdependence, lack of cooperation on security policy, and weak relations with stateless organizations like the EU and NATO. He lays out several recommendations, which are elaborated on during the Q&A session:

  1. EU policymakers and other Western powers (notably the US) should strengthen their common Russia policy. Given the EU's dependence on Russia for oil and gas, it should also diversify its own energy sources to strengthen its bargaining position.
  2. The EU should consider membership for "bridge countries" such as Ukraine, Moldova, and Belarus.
  3. Personal diplomacy between universities, civil society, and citizens is important.  This includes reevaluation of visa policy. Cede hopes that the advent of the internet will also help improve attitudes between Russia and the rest of the world.

Reuben W. Hills Conference Room

Franz Cede Former Austrian Ambassador to Russia Speaker
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Today a plenitude of legal instruments for the protection of a vast number of human rights exists. Many of these rights have reached almost universal ratification. Regional courts have developed and their jurisdiction has brought relief to individual victims of human rights violations and has influenced national legislation and practice. The perpetrators of the most severe human rights violations can be held responsible before the International Criminal Court. Why is it, then, that we are still facing systematic and widespread violations, and that the gap between the high aspirations and the sobering reality, between human rights law and its implementation still exists? The establishment of a World Court of Human Rights could help bridging the gap between codified rights and reality. The idea of such a Court dates back to 1947. Due to the Cold War, however, the proposal did not find consensus among States. Thus the World Court of Human Rights was never realised and remained stigmatised as utopian. Probably due to this sense of political infeasibility, scholars have never undertaken to look into the legal possibilities of drafting a statute for the Court. The authors of this publication tried not only to come up with a solid statute but also took into consideration major challenges to the protection of human rights in our time.
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Neuer Wissenschaftlicher Verlag
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Julia Kozma
Manfred Nowak
Martin Scheinin
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978-3-7083-0734-3
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Michael Karayanni, Edward S. Silver Professor of Civil Procedure  and Director of the Harry and Michael Sacher Institute for  Legislative Research and Comparative Law, Faculty of Law, Hebrew  University of Jerusalem. His research focuses on private  international law and inter-religious law, civil procedure, and  multiculturalism. He holds an LL.D in law from the Hebrew  University (2000) as well as an S.J.D. degree from the University  of Pennsylvania Law School, received in 2003. He is the author of  "Conflicts in a Conflict" (Oxford University Press, forthcoming 2012)

 

Event Summary

Professor Karayanni's talk addresses the question of why religious and political issues in Israel are dominated by the conflict around disproportionate funding for Jewish institutions and norms, and the implications this emphasis has on jurisdictional authority in Israel. Professor Karayanni points out that while there are 14 recognized religious communities in Israel, less than 2% of the budget for support of religious institutions goes to non-Jewish organizations. However, as a result of the relative lack of official recognition, the Israeli Supreme Court has in some cases deferred from enforcing Israeli administrative law, a practice that has afforded greater freedom to some private religious institutions such as religious schools, as Karayanni outlines demonstrates with examples from several recent court cases . He then describes how judicial freedom for some religious groups can create a "multicultural predicament" in which the autonomy allowed to minority religious groups may conflict with the best interests of more vulnerable members, such as women and children, in groups with illiberal social and judicial norms. Nonetheless, Professor Karayanni argues that the perception of being multicultural is important to the Jewish state, as it is in Egypt, Jordan, and India, where minority religious groups have similar autonomy.

A discussion session following the talk addressed such questions as: Is there any political will to divorce Jewish identity from the state and instead have it represented only through community institutions? How many Christian Palestinians live in the Palestinian Territory versus in Israel? How do they operate legally within the Palestinian community? How are minority Jewish sects treated in Israel? How would a binational state resulting in the absorption of Palestine affect these religious issues?

Reuben W. Hills Conference Room

Michael Karayanni Edward S. Silver Chair in Civil Procedure; Director, The Harry and Michael Sacher Institute for Legislative Research and Comparative Law, The Hebrew University Speaker
Seminars
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José Zalaquett is a Chilean lawyer and legal scholar known for his work defending human rights in Chile during the regime of General Pinochet. During Chile's transition to democracy, he served on the National Truth and Reconciliation Commission where he investigated and prosecuted human rights violations committed by the military regime. He has served as President of the Inter-American Commission on Human Rights and as the head of the International Executive Committee of Amnesty International. He currently co-directs the Human Rights Centre at the University of Chile, serves on the board of the International Centre for Transitional Justice, and is a member of the International Commission of Jurists. He has been awarded UNESCO's Prize for Human Rights Education and Chile's National Prize for Humanities and Social Sciences.

Video recording of the event is available here.

Event co-sponsored by the Stanford International Law Society, Departments of English, History, and Comparative Literature; the Program in Modern Thought and Literature; the Center for African Studies; the Stanford Humanities Center; and the Center for South Asia

History, Memory, and Reconciliation futureofmemory.stanford.edu is sponsored by the Research Unit in the Division of Literatures, Cultures, and Languages at Stanford University.

Stanford Law School
Rm 280A

Jose Zalaquett Professor Speaker Universidad de Chile
Terry L. Karl Professor, Political Science, Stanford Commentator
James Campbell Professor, History, Stanford Commentator
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As the Doha Development Round trade negotiations have stalled, bilateral and regional free trade agreements have become an important alternative. These agreements have proliferated in recent years, and now all of the major trading countries are engaging in serious bilateral trade negotiations with multiple trading partners. This book provides a comprehensive study of recent bilateral and regional trade agreements. There are two main aspects. First, it surveys the most important recent agreements in relation to each substantive topic covered (e.g. intellectual property, investment, services and social policy) and provides an overview of the law being created in these areas. Second, the bilateral and regional trade agreements are explained in the context of economics, international law and international relations.

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Cambridge University Press: Cambridge
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Timothy E. Josling
Timothy Josling
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