Policy Analysis
-

Aziz Huq earned his BA summa cum laude in International Studies and French from the University of North Carolina at Chapel Hill in 1996 and his law degree from Columbia Law School in 2001, where he was awarded the John Ordronaux Prize. He clerked for Judge Robert D. Sack of the U.S. Court of Appeals for the Second Circuit (2001–02) and Justice Ruth Bader Ginsburg of the Supreme Court of the United States (2003–04). After clerking he worked as Associate Counsel and then Director of the Liberty and National Security Project of the Brennan Center for Justice at NYU School of Law. He has also been a Senior Consultant Analyst for the International Crisis Group.

His research and teaching interests include constitutional law, national security and counterterrorism, federal jurisdiction, legislation, human rights, and comparative constitutional law.


Abstract

What forum should be employed to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the President as to whether the status of terrorism suspects should be determined via Article III criminal process or military commissions have revived debate on this venue question. The problem is typically framed as a simple matter of law on the assumption that existing statutory and doctrinal rules already furnish dispositive guidance for sorting suspects between civilian and military venues. This article takes issue with that assumption. It argues that the choice of forum question can more profitably be understood as a problem of institutional design rather than a choice of law puzzle. A key institutional design decision that to date has been ignored is whether or when to create jurisdictional redundancy: When, that is, should overlapping jurisdictions vest the government with a choice of forums or an option to retry a suspect acquitted in an initial process? Such redundancy is currently pervasive. But conventional wisdom suggests that it both risks abuse and is needlessly costly. This Article demonstrates that jurisdictional redundancy has complex direct and indirect effects on the accuracy and cost of terrorism-related adjudication. It presents a comprehensive framework for analyzing jurisdictional redundancy by exploring how the latter influences error rates, system maintenance costs, externalities, information production, and incentives. Applying that framework, I suggest the current status quo of pervasive redundancy has surprising merit in contrast to two leading reform proposals.

Reuben W. Hills Conference Room

Aziz Huq Assistant Professor of Law, The University of Chicago Law School Speaker
Seminars
Authors
News Type
News
Date
Paragraphs

Michael A. McFaul, a Stanford political science professor and senior fellow at the university’s Freeman Spogli Institute for International Studies, was confirmed by the Senate to be the next ambassador to Russia. 

McFaul, President Barack Obama’s top advisor on Russia and a Bing Senior Fellow at Stanford’s Hoover Institution, will succeed John Beyrle.

"Mike will bring to his new posting in Moscow the same intensity, clarity of vision and imagination that he demonstrated as President Obama's point person on Russia at the White House," said Coit D. Blacker, FSI’s director and the Olivier Nomellini Professor in International Studies. 

The Dec. 17 voice vote confirming McFaul came on the last day the Senate was in session before its winter break. Sen. Mark Kirk, R-Ill., had held up McFaul's approval over issues with U.S. policies toward Russia.

During confirmation hearings before the Senate Foreign Relations Committee in October, McFaul discussed the overall status of U.S.-Russian relations, missile defense, arms reduction agreements and trade relations.

Since the beginning of the Obama administration, McFaul has been the special assistant to the president for national security affairs and senior director for Russia and Eurasia at the National Security Council.

He served as senior adviser on Russia and Eurasia to Obama during the presidential campaign and continued to advise on foreign policy issues during the transition.

The Obama administration has achieved new momentum in relations with Russia with McFaul's involvement.

The two countries have signed the New Start arms control treaty, which calls for significant cuts in nuclear arsenals; finalized a civilian nuclear cooperation pact; forged agreement on tougher sanctions on Iran; and expanded the supply route to Afghanistan through the territory of the former Soviet Union.

The two powers now turn to the efforts to forge cooperation on missile defense in Europe and to gain Russia's admission to the World Trade Organization, as well as the challenges posed by Iran and Libya.

"This is a complex and sensitive time in the ever-evolving relationship between the United States and the Russian Federation," Blacker said. "Having an ambassador in place who gets the relationship has never been more important. For this reason above all others, Mike is the perfect choice. We are all deeply proud of Mike and all that he has accomplished."

McFaul, who has served as FSI’s deputy director and director of the institute’s Center on Democracy, Development, and the Rule of Law, received a bachelor’s degree in international relations and Slavic languages and an master’s in Slavic and East European studies from Stanford in 1986. He was awarded a Rhodes Scholarship to Oxford, where he completed his PhD in international relations in 1991.

All News button
1
News Type
News
Date
Paragraphs

1. Eight U.S. presidents have said that the United States wants China to be strong, secure, and prosperous. Do you share that objective and what consequences, positive and negative, has China’s rise had for the United States?

2. What is the best way for the United States to respond to the rise of China, India, Brazil, and other large and rapidly growing countries?

3. Do you consider China a partner or an adversary of the United States -- and what should U.S. policy toward China seek to accomplish?

4. Given the importance of defense industry jobs, especially in Republican-leaning states, is it politically necessary for the U.S. to have an enemy to justify a U.S. military budget larger than the total military budgets of most other nations, many of which are allies of the United States. In other words, do we “need” to depict China as an adversary?

5. Robert Zoelleck, when he was deputy secretary of state, urged China to become a "responsible stakeholder" in the international system.  What did he mean by that and, in your opinion, is China a responsible participant in the international system

All News button
1
-

Since 2006, more than 40,000 people in Mexico have died in drug-related homicides, and recent figures indicate that the pace and severity of drug-related violence is increasing. Experiencing a significant breakdown of its rule of law, the population of Ciudad Juárez alone suffered more than 3,000 homicides in 2010, making it the most dangerous city anywhere in the world. Dr. Poiré Romero will address the characteristics of the security situation in Mexico, the historical events and situations that made it what it is now, and the current strategy that the Federal Government is implementing to achieve security. Dr. Poiré’s talk will be completely off-the-record, and is by invitation only.


Speaker biography:

On September 9, 2011, Dr. Alejandro Poiré Romero was appointed as Director of Mexico´s National Security Agency by President Felipe Calderón. Prior to that, Dr. Poiré served as Secretary of the National Security Council and Cabinet, and has held a variety of cabinet-level positions since 2007. He also worked as an adviser to the National Institute of Statistics on the creation of the first National Survey on Political Culture and Citizenship Practices. He has published several academic pieces analyzing public opinion, campaign dynamics and voting behavior in Mexico, in addition to two books on Mexico’s democratic process, Towards Mexico’s Democratization: Parties, Campaigns, Elections, and Public Opinion and Mexico's Pivotal Democratic Election.

Dr. Poiré holds a PhD in Political Science from Harvard University, and a Bachelor’s degree in the same field from Mexico’s Autonomous Technological Institute (ITAM), where he has been a professor and the Political Science Department Chair. He has also been a visiting researcher and lecturer at several institutions in the USA, including MIT, and Latin America. 

CISAC Conference Room

Alejandro Poiré Romero Director of Mexico’s National Security Agency Speaker
Seminars
-

During its first term as a member of the UN Human Rights Council - the United States has capitalized on the human rights challenges that have erupted during the "Arab Spring" to change the agenda at the Human Rights Council and reform the body through action. The cases of Libya, Syria, Tunisia, and Yemen have been brought to the top of the Human Rights Council agenda in the past 9 months. The new found ability of the Council to create effective mechanisms to confront crisis situations marks an important turning point for the Human Rights Council, as it becomes an effective vehicle through which the international community addresses human rights situations.


Speaker biography:

Ambassador Eileen Chamberlain Donahoe is the first United States Permanent Representative to the UN Human Rights Council. She was previously an affiliated scholar at CISAC. Her research focused on norms on use of force, UN reform, and the international rule of law. Her Ph.D. dissertation addressed conflicting legal and ethical justifications for humanitarian military intervention.

She received her B.A. from Dartmouth College, a Masters in Theology from Harvard University, her J.D. from Stanford Law School, an M.A. in East Asian Studies from Stanford University, and her Ph.D. in Ethics from the University of California’s Graduate Theological Union.

Reuben W. Hills Conference Room

Eileen Chamberlain Donahoe U.S. Ambassador to the U.N. Human Rights Council Speaker
Seminars
Paragraphs

Russia will soon have another liberal ex-president. Twenty years ago this December, Mikhail Gorbachev stood in the Kremlin as the Soviet flag was lowered and replaced with the Russian tricolor. He sat down in the back seat of his limousine and was driven out the Borovitskaya gate, no longer president of the Soviet Union but instead a private citizen of the newly independent Russian Federation.

In March, Dmitry Medvedev, who has been president of Russia since 2008, will have a similar experience. He will surrender his office to his prime minister, predecessor and political patron Vladimir Putin, who after months of speculation has at last confirmed his intention to run for president on the ruling United Russia party's ticket. When Medvedev leaves office in March, he like Gorbachev will face the question of what role to play in his country's future. What becomes of a liberal ex-president in a decidedly illiberal state like Russia?

One thing is certain—Medvedev's welfare and personal security are assured as long as Putin remains in control. Medvedev has long been a close ally of Putin, and the latter is thought to have chosen him to become president in 2008 because of his unswerving loyalty. Thus, unlike former leaders in some other authoritarian states, Medvedev need not seek asylum abroad.

In fact, Medvedev has already telegraphed one likely possibility, namely that Putin's faith in him remains so great that he will continue to serve in the government, perhaps as prime minister. Putin may also define a new position for his protégé within the Russian government—for example, as chief justice of the constitutional court or in some high-profile international position, such as an ambassador at large for global security.

In any event, Medvedev's role in a future Putin-dominated government is likely to remain functionally similar to what it is today: evangelist in chief for Russia's modernization efforts, including the Skolkovo "city of innovation." Medvedev's voice could also continue to serve Putin's need for a popular lightning rod against corruption or in foreign policy as a spokesman and manager of the U.S.-Russia "reset."

If Medvedev is not given a formal appointment by his successor, he has another set of options altogether.

He can choose to follow the precedent set by Gorbachev, who also left office at a young age and well known for his liberal views—by participating selectively in political debates, possibly creating and leading a new political party or perhaps standing for office again in the next election, as Gorbachev did in 1996. Putin's predecessor and patron, Boris Yeltsin, was already in poor health when he left office in 1999, but even he spoke out occasionally on political and foreign-policy matters until his death in 2007.

Even without holding a formal office, Medvedev's voice will be influential. He could reach out to current and former political and business leaders and raise funds for favored causes. He could choose a signature initiative—most likely modernization—and create a nongovernmental organization to advance it, on the model of Gorbachev's Green Cross International or the Clinton Global Initiative. Other worthwhile causes might include combating corruption, environmental degradation, and drug and alcohol abuse, all of which cast a shadow over Russia's future.

Because he owes so much to Putin personally, Medvedev is unlikely to speak out as frankly or critically to Russian audiences about the Putin system as either Gorbachev or Yeltsin did. But he may have the opportunity to rise to a greater and more revered status internationally than he enjoyed as president if he chooses the path of ex-leaders like Vaclav Havel or Jimmy Carter, concerning himself with democratic development and human rights around the world. Even though he did not deliver perfect democracy and rule of law in his own country, the international community will surely welcome a prominent Russian voice to advocate these values.

Many outgoing presidents become obsessed with "legacy" to the point of wasting resources and political capital pursuing unrealistic or impossible goals during their last months in office. Thus far, Medvedev seems to have avoided chasing political rainbows. If anything he has refined his focus on concrete initiatives like Skolkovo and new campaigns against alcohol and tobacco use.

Perhaps Medvedev is keeping his head down, hoping that if he does not appear to threaten the system's stability, Putin will agree to keep him at the center of power, or perhaps even restore him to the presidency in 2018. Then again, maybe Medvedev has already defined his legacy and post-presidential role: offering Russians a bright vision of their country's future but accepting that the road to get there will be long and winding and that he may not himself be in the driver's seat.

Matthew Rojansky is the deputy director of the Russia and Eurasia program at the Carnegie Endowment for International Peace.

All Publications button
1
Publication Type
Commentary
Publication Date
Journal Publisher
The National Interest
Authors
Paragraphs

Russia watchers in the West cannot be surprised that Vladimir Putin is on his way back to the Russian presidency. Dmitri Medvedev was always his protégé, and there was no doubt that major decisions could not be made without his approval. This includes signing the New START arms control treaty, cooperating with NATO in Afghanistan and supporting U.N. sanctions on Iran — all of which should provide reassurance that Putin’s return won’t undo the most important accomplishments of the U.S.-Russia “reset.”

Yet the relationship with the West will inevitably change. For one thing, Putin can have nothing like the rapport his protégé developed with President Obama, which was built upon the two leaders’ shared backgrounds as lawyers, their easy adoption of new technologies, and their fundamentally modern worldviews.

The Bilateral Presidential Commission which Obama and Medvedev created and charged with advancing U.S.-Russia cooperation on everything from counterterrorism to health care may suffer. The relationship as a whole is not adequately institutionalized, and depends on the personal attention of Russian officials who will likely avoid taking action without clear direction from Putin, or who may be removed altogether during the transition.

Putin’s return to the presidency will also provide fodder for Western critics bent on portraying Obama and the reset as a failure, or dismissing Putin’s Russia as merely a retread of the Soviet Union.

These critics are wrong — today’s Russia bears little resemblance to what Ronald Reagan dubbed an “evil empire” — but Putin has been far more tolerant of Soviet nostalgia than his junior partner, and his next term will surely bring a new litany of quotations about Soviet accomplishments and Russia’s glorious destiny that will turn stomachs in the West.

Although he has spent his entire career within the apparatus of state power, including two decades in the state security services, Putin is at heart a C.E.O., with a businessman’s appreciation for the bottom line. Western companies already doing business in Russia can expect continuity in their dealings with the state, and it will remain in Russia’s interest to open doors to new business with Europe and the United States. The next key milestone for expanding commercial ties will be Russia’s planned accession to the World Trade Organization, which could come as soon as December.

At home, Putin faces a looming budget crisis. As the population ages and oil and gas output plateaus the government will be unable to continue paying pensions, meeting the growing demand for medical care, or investing in dilapidated infrastructure throughout the country’s increasingly depopulated regions.

This means that while Putin will seek to preserve Russia’s current economic model, which is based on resource extraction and export, he will be forced to assimilate many of his protégé’s ideas for modernizing Russia’s research and manufacturing sectors. Medvedev’s signature initiative, the Skolkovo “city of innovation,” will likely receive continuing support from the Kremlin, although it will have little long-term impact without a thorough nationwide crackdown on corruption and red tape.

Putin’s restored power will be strongly felt in Russia’s immediate neighborhood, which he has called Moscow’s “sphere of privileged interests.” Even though Kiev has renewed Russia’s lease on the Black Sea Fleet’s Sevastopol base through 2042 and reversed nearly all of the previous government’s anti-Russian language and culture policies, Ukraine is unlikely to win a reprieve from high Russian gas prices. Putin will also continue to press Ukraine to join the Russia-dominated customs union in which Kazakhstan and Belarus already participate. He may also take advantage of Belarus’s deepening economic isolation and unrest to oust President Aleksandr Lukashenko in favor of a more reliable Kremlin ally.

Putin and Medvedev have been equally uncompromising toward Georgia. Both are openly contemptuous of Georgian President Mikheil Saakashvili, and it is unlikely that any progress on relations can occur until Georgia’s presidential transition in 2013.

Putin has good reason to continue backing NATO operations in Afghanistan to help stem the flow of drugs, weapons and Islamism into Tajikistan, Uzbekistan and Russia itself. Moreover, as China extends its economic hegemony into Central Asia, he may find America to be a welcome ally.

Putin appreciates the advantages of pragmatic partnerships and will seek to preserve the influence of traditional groupings like the U.N. Security Council and the G-8 while at the same time promoting alternatives like the Shanghai Cooperation Organization and the Brics.

The succession from Putin to Medvedev and back again was decided behind closed doors, and the formal transition of power is likely to take place with similar discipline. This should offer the West and the wider world some reassurance. Putin’s return to the presidency is far from the democratic ideal, but it is not the end of “reset.” Many ordinary Russians support him because he represents stability and continuity of the status quo and, for now, that is mostly good for Russia’s relations with the West.

All Publications button
1
Publication Type
Commentary
Publication Date
Journal Publisher
The New York Times
Authors
-

Nuclear energy is politically sensitive. For its proponents, nuclear energy is clean and highly efficient and indeed is the only alternative to fossil fuels in providing a base supply of electricity. For its opponents, nuclear energy is nothing but trouble, a symbol of war and weaponry par excellence, and one that creates environmental problems for mankind today and in the future. What is remarkable in this highly emotional debate is the general division between developed and developing countries. Asian and Gulf states are more active than many in other continents in expanding or developing their nuclear energy capacities. China is leading this expansion with 27 reactors under construction now.

Nuclear development in China highlights a series of objectives many developing countries try to balance – energy and economy, energy and development, energy and environment, energy and security, and the need for both clean energy and adequate and reliable energy supplies. It tells a counterintuitive story about Chinese politics – a single-party authoritarian political system with an extremely fragmented institutional structure in nuclear energy policy making, implementation and regulation and with highly competitive market forces in play. It provides a cautionary tale about the Chinese as well as global nuclear future. This paper discusses the challenges of nuclear energy development, using China as an example. It asks who drives it, what technology is selected and adopted, how human capital is developed, what the rules of the games are, and more importantly, which institutions are responsible for issuing licenses, regulating standards, and overseeing the compliance, and what forms of regulation do they use. At the core of these questions is if and how countries can ensure safe, secure and sustainable nuclear development.


Speaker Biography:

Dr. Xu Yi-chong is a research professor of politics and public policy at Griffith University. Before joining Griffith University in January 2007, Xu was professor of political science at St Francis Xavier University in Nova Scotia, Canada. She is author of The Politics of Nuclear Energy in China (2010); Electricity Reform in China, India and Russia: The World Bank Template and the Politics of Power (2004); Powering China: Reforming the electric power industry in China (2002); co-author of Inside the World Bank: Exploding the Myth of the Monolithic Bank (with Patrick Weller 2009) and The Governance of World Trade: International Civil Servants and the GATT/WTO, (with Patrick Weller 2004); and editor of Nuclear Energy Development in Asia (2011) and The Political Economy of Sovereign Wealth Funds (2010). All these projects were supported by the research grants from either Social Sciences and Humanities Research Council of Canada (SSHRC) or Australian Research Council.

Reuben W. Hills Conference Room

Xu Yi-Chong Professor of Research Speaker Griffith University Center for Governance and Policy
Seminars
Subscribe to Policy Analysis