Foreign ownership and export performance in the large corporate sector of India

This paper examines the impact of foreign ownership on export performance by the largest corporate firms in India, to analyse whether the ‘monopolistic advantages’ of multinationals survive in its highly restrictive and regulated environment. After controlling for industrial characteristics and export incentives, foreign ownership has a positive impact on export performance. The statistical significance of the result is not very strong, but the finding counters earlier works based on simple comparisons of exports at the firm level. The analysis also sheds light on other influences of policy significance on export performance.     

The Defeat of Shabina Begum in the House of Lords

The Court of Appeal last year delivered a well-publicised judgment declaring that now 17-year-old Shabina Begum had been unlawfully excluded from Denbigh High School when she insisted on wearing the Islamic ‘jilbab’ ([2005] EWCA Civ. 199; [2005] 1 W.L.R. 3372; [2005] 2 All E.R. 396 (Judgment of 2 March 2005); The Times, 4 March 2005, at p. 85. See also J. Gau, “Muslim Dress – School Exclusion – Human Rights”, Ecclesiastical Law Journal 8/37 (2005), pp. 239–240.). The dispute received huge national and international press coverage, but on Wednesday 22nd March 2006, in a remarkable u-turn, the House of Lords overturned the Court of Appeal’s decision on all counts (R (On the Application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15 (Judgment of 22 March 2006); The Guardian, 23 March 2006, at p. 6; and The Independent, 23 March 2006, at p. 4. Members of the Appellate Committee were Lord Bingham of Cornhill; Lord Nicholls of Birkenhead; Lord Hoffmann; Lord Scott of Foscote and Baroness Hale of Richmond.). The reversal meant Shabina’s Article 9 right to manifest a belief had not been violated by the school. This analysis will briefly examine the reasoning behind their Lordship’s judgment and will provide a short commentary on the likely effect the decision will have on religious groups wishing to wear religious symbols in UK schools. LLB (Hons), LLM, Cert. Ed. Mohammad Idriss is Senior Lecturer in Public Law at Coventry University, United Kingdom and is a PhD Candidate at the University of Birmingham; M.Idriss@Coventry.ac.uk     

Migration decision from Bangladesh: permanent versus temporary

More than 50% of the total migration from Bangladesh occurred from Sylhet, located to northern part of the country since the middle of the last century. This paper provides an empirical distinction between the temporary migrants (Bangladeshi citizens engaged in earning aboard) and the permanent migrants (those who have the dual citizenship) based on their cost conditions, earnings, and utilization of remittances in their country of origin. Temporary migrants’ educational status, per capita income allocation to family members, work experience before migration, source of income and income range are much lower compared with the permanent migrants. But, the dependency ratio, contribution to the family, remittances, risk etc. are higher for the permanent migrants than the temporary migrants. Cost of migration and the migration decision are inversely related. Migration costs determine individual’s decision to migrate permanently or temporarily. Our results suggest that higher migration cost reduces the probability of permanent migration.     

Permanent Ocular Injury Following Paintball Pellet Hit: A Medicolegal Case

Paintball is a ubiquitous recreation, with severe and occasionally irreversible injuries. In this study, a rare medicolegal case of paintball‐related closed globe blunt ocular injury was described. An 18‐year‐old boy who was hit in his right eye by a paintball pellet presented with severe eye pain and blurred vision. Ophthalmologic examinations showed lid edema, conjunctival hyperemia, conjunctival laceration, subconjunctival hemorrhage, corneal edema, anterior vitreous hemorrhage, congested sclera, commotio retinae, vitreous hemorrhage, retinal hemorrhage, macular edema, and macular hole. After maximum medical improvement, the patient who sustained incurable maculopathy and decreased visual acuity was referred to the legal medicine center for appraisal of the impairment. AMA Guides was used to assess the impairment of the functional vision. Despite his monocular visual defect, the patient was rated in the range of mild vision loss namely AMA class 1 with 22 percentage visual system impairment.     

Globalization and extraterritorial application of economic regulation: crisis in international law and balancing interests

There are two developments the combination of which has led to new challenges to international law: the growth of economic regulations and globalisation. While the modern economies are associated with the proliferation of regulatory laws which are rooted in the national economic and social policies, the loosening of the national borders and globalisation has led to conflicts of economic regulations. Such developments have posed various risks of violations of national economic regulations by the economic actors and could lead to tension among national states which have jurisdiction over multinational enterprises in one way or another. The private parties involved in such a situation could somehow avoid such risks by their own initiatives and contractual arrangements but in most cases such measures do now work and the conflict has to be resolved through the cooperation between the countries involved. The paper investigates the potentials for public international law to come up with rules, principles and norms to resolve such complex disputes which touch up issues such as non-intervention, equality of sovereign states, state immunity, self-determination and other principles of international law. Unlike certain area of international law such as law of sea where a few factors involved and the disputes could be resolved by relying on simple facts and rules, the application of national economic regulations extraterritorially creates tensions among the nation states in respect of the demarcation of national jurisdictions. It is here that public international faces a new challenges and need to come up with new approaches such a balancing of interests of the states involved in the conflicts.