Critical Reflections on the Proposal for a Mediation Act for Scotland

This article critically analyses the recent proposal to introduce a Mediation (Scotland) Bill. The proposed Bill aims to introduce a novel process of court-initiated mediation that will oblige litigating parties to attend a mandatory Mediation Information Session. Adopting a comparative approach with the English and Irish civil justice systems, this article analyses the key elements of the proposed Bill and makes proposals to improve it.     

Do public sector organizations ensure labor ethics? Perspectives from ethics and workplace spirituality in Bangladesh's garment sector

The suppression of labor rights is a matter of serious concern in developing countries. Yet little is known about the role of public agencies in protecting the rights of underprivileged employees. Hence, this study aims to examine the reasons behind the persisting labor exploitation in private enterprises despite the presence of public governance and labor codes. Data was collected through in-depth interviews as well as archives from different external and internal agencies of privately owned garment enterprises in Bangladesh including public administrators and multinational retailers. Kantian ethics and Islamic moral principles were used as theoretical lens to evaluate the labor practices of enterprises. This study contributes to the existing literature by introducing a process model of labor exploitation that depicts multinational power and poor governance to be the main drivers for the abuse of labor ethics. Specifically, political influence and institutional corruption drive poor governance. Public power is exercised to suppress marginalized labor institutions rather than enact labor codes. We found that ethical and spiritual values are not reflected in labor practices and practical suggestions on enacting labor ethics through which the fair enforcement of public power is offered.     

Cross‐border analysis of China– Pakistan Economic Corridor development project and local residence quality of life

China–Pakistan Economic Corridor (CPEC) is a megaproject, which directly and indirectly benefits the local community of two countries, namely, Peoples' Republic of China and Pakistan. The purpose of current research is to investigate the impact of CPEC development on the quality of life of local residents in China and Pakistan. We intend to investigate the perceptions of local community related to CPEC development, as policymakers of both countries argue the CPEC to be equally beneficial for the people of China and Pakistan. To test the proposed hypotheses, we collected primary data through a research survey conducted in Pakistan and China. In total, 410 Chinese respondents and 480 Pakistani respondents were included in the study. Most of the hypotheses were supported in both studies showing the positive attitude of the people of both communities towards CPEC project. Specifically, the perceived impact of CPEC has shown a significant effect on employment and quality of life in both samples. This research provides important suggestions and recommendations.     

India and the US as enduring global partners: An assessment

This paper examines the nature of India and the US relations. The relations between two the states have improved in the post?/11 era. The willingness of the US to provide India political support at the regional and global level is one aspect that resulted in changing the nature of that relationship. Second, growing defense ties both in conventional and nonconventional sectors fundamentally galvanized the nature of that relationship. This paper further analyzes the geopolitical compulsion of both states to counter various state and non‐state actors' threats such as China's increasing maritime presence in the Indian Ocean region and terrorism. Moreover, this discussion argues about the political, strategic, commercial aspects of the strategic partnership till date. Much part of this paper analyzes what is the nature of this relationship and how it developed?     

Growth,governance and corruption in Bangladesh: a re-assessment

This paper revisits Bangladesh’s ‘double paradox’ – sustained macroeconomic growth despite the poor state of governance and a high level of corruption – by critically reviewing trends in governance and corruption indicators during 1990–2017 vis-à-vis other South Asian countries. In addition, we draw upon data from a purposefully designed survey of manufacturing firms to assess the state of economic governance in the export-oriented ready-made garments (RMG) sector, the country’s main source of foreign exchange and driver of economic growth. Consistent with the country’s poor ranking in a host of indicators of investment climate and corruption perception, in-depth interviews of RMG factory owners confirm the high cost of doing business in various forms. We also find no evidence of growth-mediated improvements in indicators of governance. On the contrary, our review of print media reports suggests a growing governance deficit in the country’s financial sector. We conclude by discussing the implications of our findings for the country’s future growth as well as performance of the RMG sector.     

State formation and economic development in post-war Somaliland: the impact of the private sector in an unrecognised state

ABSTRACT

Unrecognised internationally, Somaliland operates as a hybrid political order where a range of state and non-state entities provide security, representation and social services. Local business elites have impacted state formation after war by lobbying against a range of regulations, providing the government with loans and contributions rather than paying sufficient taxes, and by hindering the development of sound financial institutions. The success of such activities has led to de facto protectionism, where foreign ventures have had limited access to the Somaliland market. While such protectionism may have negatively impacted economic development and growth opportunities, recent engagements by multinational corporations in the Berbera port suggest that foreign private investments risk sparking violent conflict. In contrast, domestic businessmen have played a role in preventing or resolving violent conflict at crucial stages in Somaliland’s recent history. Based on fieldwork in Somaliland, we argue that the impact of international corporate actors in post-war contexts needs to be understood in light of local culture and power dynamics, in which the political and economic roles of local business elites are central.     

Indian federalism at the crossroads: Limits of the territorial management of ethnic conflict

ABSTRACT

This article critically examines territorial strategies adopted by the Indian state to accommodate territorially concentrated minority groups in two very recent cases: the formation of Telangana (2014) and the Bodoland Territorial Council (BTC) (2003). We situate both cases within the broader context of linguistic state reorganization in India since the 1950s. We argue that while the formation of states on the basis of linguistic principle was necessary given the long history of demand for linguistic states in India, it is, as Telangana and BTC clearly bear out, not sufficient to accommodate minorities. This is especially the case when, inter alia, language is: (1) appropriated by the dominant group within a state (or states) as a vehicle to perpetuate political majoritarianism, (2) supplemented by weak power-sharing arrangement, and (3) occasioned by longstanding popular perceptions of historical injustices and relative deprivation.     

Land tenurial dynamics and participatory forestry management in Bangladesh

Of late, participatory forestry management, more popularly known as ‘social forestry’ (SF), has acquired great significance in Bangladesh as a strategy for both forest resource management and rural development. However, research on the contextual factors such as social relations, institutional structures, forest policies and land tenurial arrangements which regulate SF's performance in the field has been limited. Land ownership and tenurial arrangement is one crucial factor which has remained virtually unexplored in the context of Bangladesh SF. This article examines the land use and tenure arrangements in selected SF projects in Bangladesh. It focuses on the perceptions and choice of the SF farmers regarding land ownership, tenure and use; implications of central land tenurial policy on farm productivity and farmers' motivation; and also on the difference between farmers' land use choice and the assumptions of the SF planners. It shows that land tenure is a complex issue for SF. Although tenurial security is a major motivating force for farmers, providing permanent land ownership alone has little impact on farm productivity or on the growth of collective effort among SF farmers. Farmers need institutional assurance and support (especially from the government) to fully utilize the potential rights and benefits associated with such ownership. © 1998 John Wiley & Sons, Ltd.