ASEAN’s governance of migrant worker rights

Temporary migrant workers in Southeast Asia are subject to various abuses in recruitment, work and repatriation. A decade ago ASEAN governments committed to developing an Instrument governing migrant worker rights, but a series of deadlocks have stymied this agreement. Prevailing accounts explain this impasse as the consequence of incompatible national interests, norms of non-interference and consensus, a lack of institutional capacity and the limits of rights advocacy in ASEAN. Conversely, utilising a political economy framework, this article demonstrates this impasse in regional governance reflects societal-level conflicts among migrant workers, civil society organisations, business groups and state-based actors, generated by the latter’s adoption of migrant labour as both a livelihood and development strategy.     

Performance regulation in a networked healthcare system: From cosmetic to institutionalized compliance

This article studies the role of a public regulator in managing the performance of healthcare professionals. It combines a networked governance perspective with responsive regulation theory to show the mechanisms that have added to significant changes in medical cost management in the Netherlands. In a five-year period, hospital practices transitioned from cosmetic compliance with performance regulation and strategic upcoding to institutionalized compliance more in line with regulatory goals. The article demonstrates how policy changes transformed incentive structures, introduced new forms of accountability, and added actors to the network with technocratic disciplining tasks. The networked character of performance regulation offered opportunities for a responsive, non-coercive regulatory strategy that engaged various actors in a regulatory conversation about strategic coding. Responsive regulation can reduce strategic responses to performance regulation and manage the gap between administrative and clinical logics. The case study contributes to our understanding of the effectiveness of responsive, non-punitive regulation in networked settings.     

A Primer to Traditional Knowledge Protection in India: The Road Ahead

Liverpool Law Review - As India moves ahead in the twenty-first century to be a global player, it must take a balanced and inclusive approach. Marginalized and vulnerable tribal communities make...     

Criminal law and mentally ill offenders in comparative perspective

Abstract

In this stick we compare legal arrangements dealing with mentally disordered offenders in the criminal law systems ct Belgium, Canada, Germany, the Netherlands, Norway, Sweden, and the United Kingdom. To describe relevant diffesenoes and similarities in the arrangemeats, we used a checklist containing antral aspects of adjudication, assessment and treatment of mentally ill offenders. These aspects concern: (1) the legal classifications of mental illnesses that can lead to exclusion of criminal responsibility: (2) the acceptance of diminished capacity as a partial excuse; (3) the possibilities for imposing security measures of compulsory treatment instead of or next to criminal punishment; (4) the conditions for their imposition in terms of seriousness of crimes committed and dangerousness of offenders; (5) the available hospitals or special clinics for executing security measures; (6) the role and task of forensic mental health professionals in assessing the offender's state of mind and in advising compulsory treatment; (7) the rules for duration, prolongation and termination of the measures. The findings of this comparative analysis are evaluated in light of legal protection for mentally disordered offenders.     

Mechanisms of the ‘Aid Curse’: Lessons from South Korea and Pakistan

Recently scholars have argued that, far from contributing to development, foreign aid hinders development. But in the 1960s the East Asian countries developed rapidly despite receiving large amounts of aid. To examine why aid seems to undermine development in some cases but not in others, we conduct a detailed comparison of the mechanisms of the ‘aid curse’ in South Korea and Pakistan. We show that South Korea saw astonishing levels of corruption, but this did not hinder its development; and Pakistan had a strong bureaucracy, which did not help it to grow. The key difference between the two countries was in the strength of their tax systems: foreign aid in the context of underdeveloped tax administration leads to increasing cycles of debt that undermine development. When foreign aid arrives in the context of commitment to strong taxation, a country can avoid the ‘aid curse.’     

‘The sword of justice’: South Pacific trade unions and NGOs during a decade of lost development

Trade unions are typified as having ‘two faces’—one of social justice and the other of vested interest. This article examines the tensions and difficulties confronted by trade union movements in the South Pacific seeking to balance the ‘two faces’ of unionism during a period of political and economic instability in the region. It looks at the difficult choices that trade union movements in Papua New Guinea, the Fiji Islands, and the Solomon Islands have had to make to preserve their interests in response to sweeping micro‐economic reforms and how they have sought to work with civil society organisations to restore political and social stability. The paper draws out some tentative lessons that may enable South Pacific unions to better respond to these difficult challenges.     

Pedagogy of regulation: Strategies and instruments to supervise learning from adverse events

Diverse scholars have argued that standards and performance measurements are “instruments of control” that have a profound influence on the day‐to‐day lives of individuals and organizations, causing constitutive effects. Regulatory bodies increasingly use standards to oversee and monitor the regulated. This paper discusses the Dutch Health and Youth Care Inspectorate's use of both standards and a performance measurement system introduced to monitor how Dutch hospitals investigate and learn from serious adverse events. Rather than focusing on how standards affect regulated practices and organizations, our study examines how the use of these instruments affects the standard maker, that is, the Inspectorate. We explore how the Inspectorate's work practices, standards, and coupled performance measurement system influence its regulatory pedagogy, reviewing practices, and decisionmaking. We conclude that standards and performance measurement systems are not by definition “instruments of control” as their constitutive effects are (under)determined by the relationships in which they are enacted.     

Predictors of trauma symptomatology in sexually abused adolescents: a 6-month follow-up study

This study examines the natural course of trauma-specific symptoms 6 months after disclosure. Furthermore, this study investigates whether severity and type of abuse (intrafamilial or extrafamilial sexual abuse), negative appraisals, coping strategies, and crisis support measured at time of disclosure can be predictive of trauma symptoms 6 months later. Sixty-five sexually abused Flemish adolescents are reassessed 6 months after disclosure. Information from the participants is obtained through self-report questionnaires. Forty-six percent of the adolescents report clinically significant trauma symptoms. Although internalizing symptoms significantly decreases after 6 months, externalizing symptoms persist. Type or severity of the abuse does not account for differences in symptomatology. Two predictors of ongoing trauma symptomatology are identified: postdisclosure trauma symptomatology and a lack of initial crisis support. Information on the victims' postdisclosure symptomatology as well as information on the initial received social support is critical in understanding which abused adolescents are most at risk for poor outcomes in the long term.