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31. Imperfect Justice at Nuremberg and Tokyo

Author:
Kirsten Sellars
Publication Date:
11-2010
Content Type:
Journal Article
Abstract:
When the international criminal tribunals were convened in Nuremberg and Tokyo in the mid-1940s, the response from lawyers was mixed. Some believed that the Second World War was an exceptional event requiring special legal remedies, and commended the tribunals for advancing international law. Others condemned them for their legal shortcomings and maintained that some of the charges were retroactive and selectively applied. Since then, successive generations of commentators have interpreted the tribunals in their own ways, shaped by the conflicts and political concerns of their own times. The past two decades have seen the establishment of new international courts, and an accompanying revival of interest in their predecessors at Nuremberg and Tokyo. Recent commentaries have analysed the founding documents, the choice of defendants, the handling of the charges, the conduct of the cases – and also the legal and political legacies of the tribunals. They demonstrate that long-standing disagreements over antecedents, aims and outcomes have still not been settled, and that the problems inherent in some of the original charges have still not been solved, despite the appearance of similar charges within the remit of the International Criminal Court today.
Topic:
Crime and War
Political Geography:
Tokyo

32. Challenges for the next U.S. president: Hopes and Realities

Author:
Gerald LeMelle
Publication Date:
01-2009
Content Type:
Working Paper
Institution:
Africa Policy Information Center
Abstract:
Welcome to International Affairs Forum's fourth special publication. We are once again delighted to be able to offer our readers a diverse collection of views, and I hope everyone will find something of interest. I think this publication stands out not only because of the quality of contributors, who have been generous enough to give up their valuable time over such a busy period, but also the range of subjects and geographical reach—we have contributors based on four continents and from nine countries covering everything from defense policy through Brand America and U.S.-India relations. I don't wish to add anything to the enormous amount of ink spilled over the historic nature of the recent election, except to say that whatever one's views of the past eight years—and this publication contains a full range of them—living in Tokyo has demonstrated to me time and again that although this is the Asian century, the world's eyes have been, and still are, very much on the United States of America and what Barack Obama will do in office.
Topic:
International Relations, Foreign Policy, Diplomacy, and Government
Political Geography:
United States, America, India, Asia, and Tokyo

33. The Outlook for Tokyo: New Opportunities or Long-term Decline for Japan's Financial Sector?

Author:
Vanessa Rossi
Publication Date:
03-2009
Content Type:
Working Paper
Institution:
Chatham House
Abstract:
Japan's economy has suffered exceptional damage because of its high level of exposure to the massive downturn in world trade and investment, notably impacting on demand for cars, consumer electronics and investment equipment. The depth of Japan's recession looks set to be far worse than that of the US and the EU. However, the recession has also radically reshaped the global financial environment in ways that suggest unexpected opportunities for Japanese financial institutions and markets. This report reviews the outlook for Tokyo as a financial centre and the role of Japan's financial sector in the light of domestic targets as well as international trends and competition.
Topic:
Globalization, International Trade and Finance, and Markets
Political Geography:
United States, Japan, Europe, Israel, Asia, and Tokyo

34. The United Nations Convention Against Torture. A Commentary • Commentary on the Rome Statute of the International Criminal Court. Observers' Notes, Article by Article

Author:
Alexander Orakhelashvili
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
It is indisputable that the fight against impunity for the perpetrators of serious international crimes is a fundamental policy of the international community. As the International Court of Justice emphasized in the Arrest Warrant case, the functionally and temporarily limited immunity of the foreign minister of the Congo was not the same as according impunity to that official, because the number of ways of prosecuting him remained intact ( Arrest Warrant of 11 April 2000, Merits, General List No. 121, 14 February 2002, paras 60 – 61). The efforts to combat impunity for the perpetrators of serious crimes are conducted by two methods. The first method relates to establishing international tribunals, which has been the case since the Nuremberg and Tokyo Tribunals in the aftermath of World War II. This method is limited, because international tribunals necessarily have limited jurisdiction. They cannot address the problems of impunity in general, but only those aspects of it which are covered by their mandate as specified in their statutes. Even if this mandate is quite general, as is the case with the International Criminal Court (ICC), the actual extent to which impunity will be combatted still depends on the voluntary decision of states to become party to the Statute. The second method reflects the limited nature of international criminal tribunals. The remaining problems of impunity are addressed through the exercise of jurisdiction by national courts. This is reflected in the fact that the multiplication of international criminal tribunals over the past 15 years has not caused any decline in the activities of national courts in this field. Quite the contrary; the growth of international criminal jurisdiction has been accompanied by the equally remarkable growth of national criminal jurisdiction to address international crimes, including those committed extraterritorially.
Topic:
United Nations and War
Political Geography:
Democratic Republic of the Congo and Tokyo

35. Tokyo's Trials

Author:
Yoichi Funabashi
Publication Date:
11-2009
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
The rise to power of the Democratic Party of Japan (DPJ) after half a century of almost uninterrupted rule by the Liberal Democratic Party (LDP) could bring profound changes to Japan. One change will surely be generational: the new leaders, including Prime Minister Yukio Hatoyama, will be the first with little memory of World War II. Another could be substantive: the DPJ's stated objectives suggest significant shifts in both Japan's domestic policies and its external relations, especially with the United States and the rest of Asia. Since 2007, the DPJ had already been maintaining a majority coalition in the Diet's upper house, the House of Councilors, alongside the People's New Party and the Social Democratic Party; its August victory in the lower house, the House of Representatives, gave it full control over the government. Another win in the next House of Councilors election, which is scheduled for 2010, would further consolidate its power. Japan now stands a better chance of becoming a two-party system, with real political competition, than at any time since 1890, when it held its first election -- the first free contest anywhere in Asia. The economic crisis that has plagued Japan for two decades has allowed the DPJ to grow into a viable alternative to LDP rule; Barack Obama's campaign mantra "Yes, we can!" echoed across the Pacific. The DPJ has real potential to be different. And with its landslide victory, it enjoys the backing of a vast range of constituencies, including traditional supporters of the LDP.
Political Geography:
Japan and Tokyo

36. China, Japan, and East Asian regional cooperation: the views of 'self' and 'other' from Beijing and Tokyo

Author:
Christian Wirth
Publication Date:
09-2009
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
China–Japan relations are frequently analyzed either in the light of disputes about different interpretations of history, the consequence of a strategic power shift in the Asia-Pacific resulting from the rise of China or as a conflict between Chinese and Japanese national identities. This paper argues that bilateral relations should be assessed on the basis of a comprehensive approach. It concludes that the current state of bilateral relations can be understood as the result of identity crises of the political systems in Beijing and Tokyo. Owing to the rapidly changing environment in East Asia and their inherent conservative natures, both political systems' perceptions and policies lag behind present realities. This renders it difficult for them to effectively address important domestic and international problems and consequently affects bilateral relations negatively as it complicates the accurate redefinition of the representation of 'self' and 'other' with regard to foreign relations.
Political Geography:
Japan, China, Beijing, East Asia, and Tokyo

37. Japan-Korea Relations

Author:
Ji-Young Lee and David C. Kang
Publication Date:
04-2009
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The first three months of 2009 saw Japan-North Korea relations go from stalemate to hostility, as North Korea's “satellite” launch on April 5 heightened tensions throughout Northeast Asia. As Pyongyang tried to goad its partners in the Six-Party Talks (the new Obama administration in particular) to induce more favorable terms, Tokyo took steps that may have more far-reaching implications for regional security than merely a plan to deal with the current North Korean missile crisis. Meanwhile, Tokyo and Seoul continued to focus on a practical partnership for economic cooperation and stayed on good terms. The highlight of the quarter was Prime Minister Aso's successful two-day visit to South Korea in mid-January for a summit with President Lee Myung-bak. Although historical issues lingered as a potential factor that might challenge and disrupt this mood of détente, Japan-South Korea relations improved due in no small part to the Lee administration's tough policy toward Pyongyang.
Topic:
Bilateral Relations
Political Geography:
Japan, North Korea, Tokyo, Korea, and Pyongyang

38. Japan-Korea Relations

Author:
Ji-Young Lee and David C. Kang
Publication Date:
07-2009
Content Type:
Journal Article
Journal:
Comparative Connections
Institution:
Center for Strategic and International Studies
Abstract:
The second quarter of 2009 saw a rapid increase in tensions between North Korea and all its neighbors, and this tension dominated relations during the quarter. In rapid succession, North Korea tested a long-range intercontinental ballistic missile (which failed), a nuclear device (successfully), dared anyone to start a war with it, and then dispatched a ship suspected of carrying small arms on a route most believed destined for Myanmar. Japan led the way in responding to North Korea, introducing harsher sanctions and calling for wider international moves to punish Pyongyang. Seoul-Tokyo relations moved closer as leaders in both capitals agreed on how to react to North Korea and both leaders welcomed the Obama administration's moves for UN sanctions.
Topic:
United Nations
Political Geography:
Japan, North Korea, Tokyo, Korea, Myanmar, and Pyongyang

39. Nuclear security: what else can Australia do?

Author:
Rory Medcalf
Publication Date:
09-2008
Content Type:
Policy Brief
Institution:
Lowy Institute for International Policy
Abstract:
Australia's Labor government, elected in November 2007, has a strong policy platform on many aspects of the nuclear security agenda of arms control, non-proliferation and disarmament. And Prime Minister Kevin Rudd has announced Australian sponsorship, with Japan, of an independent panel of international experts and eminent persons to generate new thinking about nuclear disarmament and nonproliferation, in the 'second track' tradition of the Canberra Commission and Japan's Tokyo Forum.
Topic:
Nuclear Weapons
Political Geography:
Asia, Australia, and Tokyo

40. Securing Japan: Tokyo's grand strategy and the future of East Asia

Author:
Tomohito Shinoda
Publication Date:
09-2008
Content Type:
Journal Article
Journal:
International Relations of the Asia-Pacific
Institution:
Japan Association of International Relations
Abstract:
Throughout the Cold War era, Japan maintained the national security formula crafted by Yoshida Shigeru. At the center of the so-called 'Yoshida Doctrine' was a dependence on the alliance with the United States, which allowed for a minimal military rearmament by Japan and a focus on economic recovery. Since the 1980s, however, the United States pressured Tokyo to take on more of the burden in the asymmetrical alliance. During the 1990 Gulf Crisis, Americans were very critical of Japan's checkbook diplomacy after Tokyo's financial contribution of US$13 billion in war support, but no contribution in terms of personnel.
Topic:
Cold War
Political Geography:
United States, Japan, East Asia, and Tokyo