Economic development and the administration and regulation of transport

This paper examines the impact on total factor productivity (TFP) growth in the South of North-South and South-South trade-related technology diffusion and of foreign direct investment (FDI). North-South and South-South trade-related research and development (R&D) stocks are constructed based on industry-specific R&D in the North, North-South and South-South trade patterns, and input-output relations in the South. The main findings are: 1. Both North-South and South-South trade-related R&D have a positive impact on TFP growth in the South; 2. FDI has a positive, though smaller, impact on TFP growth; 3. The impact on TFP growth of trade-related technology diffusion increases with the level of education in the case of North-South trade but not in the case of South-South trade.     

Bureaucratic justice: the incarceration of mainland Chinese women working in Hong Kong's sex industry

Since Hong Kong's return to the People's Republic of China (PRC) there has been a significant rise in the number of Chinese visitors to Hong Kong, including women crossing the border to engage in sex work. Sex work itself is not a crime in Hong Kong, but related activities, like soliciting, are prohibited. Sex work is treated as work for immigration purposes, and visitors who engage in work without an employment visa are breaching their conditions of stay. More than 10,000 mainland Chinese women have been arrested, prosecuted, and sentenced in recent years, causing the correctional population to expand beyond capacity. The authors examine the experiences of 58 incarcerated women in their encounters with the Hong Kong criminal justice system and find that women are processed in a highly routinized bureaucratic manner. They consider the purpose served by the largely bureaucratic form of justice that has emerged in response to migrant sex workers in Hong Kong.     

Pragmatic Federalism: Australian Federalism from Hawke to Howard

The article explores the nature of Australian federalism by examining four major themes in the period from Hawke to Howard. The investigation of these themes – Australian conceptions of federalism; the role of party in shaping federalism; the way problems and politics have influenced policy‐making and thereby federalism; and the nature of federal judicial review – suggests that Australian federalism can most accurately be characterised as pragmatic. It appears as a federalism shaped by pressing problems, specific policy agendas and the prevailing political dynamic, rather than by overarching conceptions of federalism derived from political theory or articulated in party ideology. This pragmatic federalism explains important aspects of Australian federalism, especially the trend towards centralisation of authority.     

The Right to Appeal and Workable Systems of Justice

This article explores the practicalities of a right to appeal. Appeals and appeal systems are usually conceived of in terms of a top–down hierarchy, with appeals functioning as an instrument for superior bodies to correct the decisions of and otherwise to control inferior ones. A fuller appreciation of systems of appeal places at least equal weight on the need for appeal bodies to establish stable, workable relationships with the bodies which they supervise. The need for any appeal system to sustain a workable system of justice refocuses attention from hierarchical control to problems of deference by the superior bodies towards the inferior ones. This way of looking at appeals has the potential to illuminate many recent developments, and can be illustrated by describing recent reforms and reform proposals to both civil and criminal justice.     

My Business Pays Me: Labourers and Entrepreneurs Among the Self–Employed Poor in Latin America

Are the independent economic activities of poor people “petty commodity production”—an informal way to earn a subsistence wage? Or are they “microentrepreneurship”, a launching point for capital accumulation and growth? This paper draws on fieldwork in Bolivia, Peru and Guatemala, focusing specifically on the poorest businesses. In–depth interviews indicate that even the smallest–scale producers, merchants and service providers have goals of “improving” their business and “growing” their capital, not unlike their capitalist counterparts. Yet, while growth is desirable, maintaining one's business as a steady source of income is a sufficient achievement for many. Poor self–employed people are both “labourers” and “entrepreneurs”; the key macro–level question becomes, not “Do petty–commodity producers have different goals than capitalist entrepreneurs”, but “What resources are lacking, and what obstacles exist, that keep many microentrepreneurs in low–yield activities, with little opportunity to grow their resources?”     

PERSONS WITH DISABILITIES AND THEIR SEXUAL,REPRODUCTIVE, AND PARENTING RIGHTS: AN INTERNATIONAL AND COMPARATIVE ANALYSIS

Despite important gains in human rights, persons with disabilities — and in particular women and girls with disabilities — continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.