Dispute resolution outside of courts: procedural justice and decision acceptance among users of ombuds services in the UK

Attitudes towards legal authorities based on theories of procedural justice have been explored extensively in the criminal and civil justice systems. This has provided considerable empirical evidence concerning the importance of trust and legitimacy in generating cooperation, compliance and decision acceptance. However, not enough attention has been paid to attitudes towards institutions of informal dispute resolution. This paper asks whether the theory of procedural justice applies to the alternative dispute resolution (ADR) context, focusing on ombuds services. What are the predictors of perceptions of procedural justice during the process of dealing with an ombuds, and what factors shape outcome acceptance? These questions are analyzed using a sample of recent ombuds users. The results indicate that outcome favorability is highly correlated with perceived procedural justice, and both predict decision acceptance.

The British Army of the Rhine: Turning Nazi Enemies into Cold War Partners

Between 1945 and 1957, West Germany made a dizzying pivot from Nazi bastion to Britain's Cold War ally against the Soviet Union. Successive London governments, though faced with bitter public and military opposition, tasked the British Army of the Rhine (BAOR) to serve as a protecting force while strengthening West German integration into the Western defense structure. Peter Speiser charts the BAOR's fraught transformation from occupier to ally by looking at the charged nexus where British troops and their families interacted with Germany's civilian population. Examining the relationship on many levels, Speiser ranges from how British mass media representations of Germany influenced BAOR troops to initiatives taken by the Army to improve relations. He also weighs German perceptions, surveying clashes between soldiers and civilians and comparing the popularity of the British services with that of the other occupying powers. As Speiser shows, the BAOR's presence did not improve the relationship between British servicemen and the German populace, but it did prevent further deterioration during a crucial and dangerous period of the early Cold War. An incisive look at an under-researched episode, The British Army of the Rhine sheds new light on Anglo-German diplomatic, political, and social relations after 1945, and evaluates their impact on the wider context of European integration in the postwar era.

Modifying “a very dangerous message": Britain, the non-aligned and the UN during the Cuban missile crisis

This chapter analyses the unfolding of the Cuban missile crisis in the context of the 17th General Assembly of the UN and shows that, contrary to earlier accounts, U Thant was responding to pressures from the non-aligned and the British in his attempts to handle the crisis.

EU Criminal Law and Enlargement

Since creation of the European Communities the number of Member States has gradually increased from the original six to current twenty-eight. Enlargement has become an EU’s flagship external policy, demonstrating the EU’s ability to shape its neighbourhood and to serve as a catalyst of deep and multilayered reforms. The consecutive seven enlargement rounds went in parallel with widespread internal developments, culminating with the creation of the European Union and, most recently, entry into force of the Treaty of Lisbon. As this volume demonstrates, EU criminal law has evolved considerably from its early days under the legal framework laid down by the Treaty of Maastricht to its current post-Lisbon shape. On 1 December 2014, that is with expiry of a five year transitional regime for the jurisdiction of the Court of Justice, Police and Judicial Co-operation in Criminal Matters became a fully fledged EU policy, governed largely by the same modus operandi as other areas of EU competence and with compulsory jurisdiction of the Court of Justice. As EU criminal law developed internally, so did its external dimension, including the role it plays in the enlargement policy. In case of the latter the expiry of the same transitional period has brought to an end a rather anomalous situation whereby the European Union had more enforcement tools before and after accession vis-à-vis its future/new Member States than it could employ against the old ones. This bifurcation, quite rightly, triggered a lot of discussions about double standards used by the European Union in its pre-accession policy. This is exacerbated by the fact that some of those standards are neither defined in EU law, nor pursued vis-à-vis the existing EU’s Member States. The aim of this chapter is to demonstrate that evolution with particular emphasis on the role of EU Criminal Law in the policy currently employed by the European Union vis-à-vis candidate and potential candidate countries of the Western Balkans and to Turkey. Arguably, together with political conditionality, it has become one of the pillars of the enlargement process and, as the examples of accession negotiations with Montenegro and Serbia prove, its role is likely to increase as rapprochement of other candidates and potential candidates progresses to the next stages.

Looking Beyond ‘White Slavery’: Trafficking, the Jewish Association’s representation of ‘the potential victim’, and the dangerous politics of migration control in England, 1890-1910

This article seeks to revise Jo Doezema’s suggestion that ‘the white slave’ was the only dominant representation of ‘the trafficked woman’ used by early anti-trafficking advocates in Europe and the United States, and that discourses based on this figure of injured innocence are the only historical discourses that are able to shine light on contemporary anti-trafficking rhetoric. ‘The trafficked woman’ was a figure painted using many shades of grey in the past, with a number of injurious consequences, not only for trafficked persons but also for female labour migrants and migrant populations at large. In England, dominant organizational portrayals of ‘the trafficked woman’ had first acquired these shades by the 1890s, when trafficking started to proliferate amid mass migration from Continental Europe, and when controversy began to mount over the migration to the country of various groups of working-class foreigner. The article demonstrates these points by exploring the way in which the Jewish Association for the Protection of Girls and Women (JAPGW), one of the pillars of England’s early anti-trafficking movement, represented the female Jewish migrants it deemed at risk from being trafficked into sex work between 1890 and 1910. It argues that the JAPGW stigmatised these women, placing most of the onus for trafficking upon them and positioning them to a greater or a lesser extent as ‘undesirable and undeserving working-class foreigners’ who could never become respectable English women. It also contends that the JAPGW, in outlining what was wrong with certain female migrants, drew a line between ‘the migrant’ and respectable English society at large, and paradoxically endorsed the extension of the very ‘anti-alienist’ and Antisemitic prejudices that it strove to dispel.