A People's Court: Emotion,Participant Experiences,and the Shaping of Postwar Justice at the International Military Tribunal for the Far East, 1946–1948

The International Military Tribunal for the Far East (1946–1948) or Tokyo IMT is overlooked for its contributions to modern international criminal justice. Convened to hold Japanese leaders accountable for conspiring to commit aggression, crimes against peace, crimes against humanity, and war crimes during the Second World War, the IMTFE was both a groundbreaking judicial undertaking and a pioneering multilateral institution. This distinction makes it a unique vehicle for exploring the fundamental challenges of both international justice and organisation. Institutions like the IMTFE are usually viewed through broad geopolitical, legal, and ideological lenses. Although important, these approaches miss a singularly important dimension of multilateralism: the human contingencies that impact international bodies. Using unique participant sources, this article presents an intimate “trial's-eye-view” of how working at the IMTFE affected the emotions, psychology, and temperament of its personnel. Participant responses on these very personal levels had profound consequences on the tribunal's proceedings, findings, and legacy. Other factors shaped justice in Tokyo, but the responses identified here were common, and their impact significant. Ultimately, this paper argues that people and their experiences—as much as anything—produced the outcome of justice in Tokyo.     

Mediating with Heart in Mind: Addressing Emotion in Mediation Practice

Given the centrality of emotion and emotional communication to conflict interaction, the lack of attention to emotion in mediation is particularly surprising. This essay suggests that mediation practice can—and should—be informed by the wealth of existing theory and research on emotion in the social sciences. The authors define emotion and argue the centrality of its place in conflict. They address issues germane to the cognitive, expressive, and physiological aspects of emotion and their relevance to mediation practice. Within each area, they discuss the implications of the emotional experience of the disputant and the emotional experience of the mediator.     

Like Talking to a Brick Wall: Implications of Emotion Metaphors for Mediation Practice

In this article, the authors discuss the role of emotions in mediation with the goal of providing practical insights that can improve the mediation process. Their assumption is that emotion is ever-present, particularly in conflict, and that acknowledging and addressing underlying emotions facilitates conflict transformation during the mediation process.     

Terrorism,counter-terrorism,and critique: opportunities,examples, and implications

This article explores the parameters, value and limitations of different critical strategies for those dissatisfied with the contemporary politics of terror. It argues, first, that the prominent (counter-)terrorism paradigm – in which terrorism is approached as a ubiquitous and very specific security challenge meriting appropriately exceptional responses – is far more critiqued than we might anticipate. And, second, that such critiques – which can be found across political language, popular culture, everyday life, and beyond – employ distinct critical resources to serve varying ends. Reflecting on these, the article offers a new heuristic distinguishing five critical strategies which seek to: (i) repudiate; (ii) question; (iii) subvert; (iv) replace, or (v) deconstruct the prominent counter-terrorism paradigm. This typology, it argues, offers scope for optimism and strategic resources for those attracted to a critical terrorism studies project going forward.     

Population, Prophets, Pensions, and Politics

As immigrant populations in Western welfare states grow at a faster rate than the native populations, whose birthrates have declined dramatically in recent years, Europe's tradition of democracy and tolerance is threatened. The reasons for the birthrate decline and the resultant aging of the native population are many and complex, but one important contributing factor is the pay-as-you-go pension system, which reduces people's immediate dependence on children. Moreover, the payroll and social security taxes that support the welfare state reduce the earnings capacity of men and women of the traditional age for having children, thus pushing down the birthrate. It is time to consider whether modern Europe's small-size families and high pensions are sustainable     

Indigeneity,Ethnicity, and the State: Australia,Fiji, and New Zealand

This article draws on the politics of indigeneity to distinguish the claims of first occupancy from simple ethnic identity politics, illustrating that relative political marginalization in Australasia is not so much a function of minority status but of indigeneity itself. The politics of indigeneity's aim is to create political space for self-determination and a particular indigenous share in the sovereign authority of the nation-state itself. The Australasian states are compared with Fiji to demonstrate that the significance of historical constraints on political authority transcend the withdrawal of a colonial power and the restoration of collective indigenous majority population status.     

The roles of,and relationships between,expatriates, volunteers,and local development workers

This article reports on exploratory research based on interviews with expatriate and local aid workers employed by local and international NGOs in Phnom Penh, Cambodia. Thematic analysis of the interviews found that personnel were placed in groups based on their job category – consultant, volunteer, or permanent staff – regardless of experience. These categories logically reflect each worker's pay level, purpose, and role, but they may also have an implicit power meaning which reinforces group differences and inhibits inter-group relationships. Relationship building was reported to be the most important factor contributing to the success of capacity-development initiatives. Four sub-themes were identified: communication, friendship, reciprocal learning/teaching, and confidence.     

Pakistan,India, China,and the United States: Energy,Climate Change,and National Security

This article focuses on the interplay of energy, climate change, and national security issues in Southwest Asia, using the newer definition of “national security” to include energy security, economic development, and climate change, as well as traditional security focusing on the military aspects.     

Culture,liberation, and 'development'

Most of the socio-economic changes taking place in Africa and much of the South are externally driven. External agencies, often in league with the State, by-pass working people and do not involve them in the decision-making processes. Their economic approaches ignore people's cultures and their world view. This denies working people a creative capacity to adapt new techniques and knowledge to their own concrete reality. This article argues for the importance of the historical frame of reference and for the centrality of culture in socio-economic processes. The author argues against approaches which are not culturally familiar to working people.     

Negotiation,politics, and management

Book reviews in this article:
Samuel B. Bacharach and Edward J. Lawler , Power and Politics in Organizations: The Social Psychology of Conflict, Coalitions, and Bargaining .
Max H. Bazerman and Roy J. Lewicki , eds., Negotiating in Organizations .
Jeffrey Pfeffer , Power in Organizations .     

Privatisation,multinationals, and corruption

Recent initiatives from the OECD, the World Bank, and others on the subject of corruption have received widespread attention. However, the author argues that the incidence of corruption is closely connected with contracting-out, concessions, and privatisation, where multinationals based in OECD countries stand to gain profitable business. The encouragement of privatisation by the World Bank, and the economic benefit to OECD multinationals from this business, mean that action against corruption needs to involve effective sanctions by developing countries against multinationals which engage in corrupt practices; greater political transparency to remove the secrecy under which corruption flourishes; and resistance to the uncritical extension of privatisation. This article looks at empirical evidence on this subject.     

Norway,Spitsbergen, and America, 1905-1920

In the Spitsbergen treaty of 1920, Norway acquired sovereignty over the Spitsbergen Islands. Rather than Woodrow Wilson, the American president, the architects behind the treaty were Robert Lansing, Wilson’s secretary of state, and, behind the diplomatic scene, the mining investor, John M. Longyear. In 1906, Longyear established a mining company to exploit the coal deposits at Spitsbergen. He induced Congress, the State Department, and the White House to forge an American policy for the European Arctic, including the appointment of Lansing, an international lawyer, as a counsel in the State Department. Lansing was a leading expert on both international law and the lack of state authority at the terra nullius, Spitsbergen. In 1915, he became secretary of State and, at the Paris Peace Conference, decided American policy regarding the Spitsbergen question. This analysis shows how the outcome of the Spitsbergen question was a result of American mining interests, supplemented by Norwegian-American shared interests in conflict resolution based on international law.