Can a developing democracy benefit from labour repression? Evidence from Sri Lanka

While a growing body of academic literature casts doubt on the wisdom of authoritarian responses to labour in developing democracies, few empirical studies demonstrate the adverse effects of excluding organised labour from the policy arena or repressing trade unions in the industrial relations arena. This paper draws on the recent history of state–labour relations in Sri Lanka to help fill this gap. Beginning in the late 1970s, the Sri Lankan government adopted a labour-repressive export-oriented strategy of development. The author shows how the repression of private sector unions during this period destroyed the legitimacy of traditional left unions and the structure of institutionalised bargaining that was in place prior to Sri Lanka's authoritarian period. This erosion of the system of institutionalised bargaining eventually led workers to shift their support to more radical, ‘new left’ unions and culminated in a wave of extreme and violent forms of protest that chased away much needed foreign direct investment. The chaotic consequences of the labour repression suggest two primary conclusions: (a) that prior democratic mobilisation may make labour repression untenable over the long term; and (b) that repression may backfire, creating bursts of highly visible and destabilising protest that undermine the developmental objectives of neoliberal reforms.     

Dubious delegation: Article III limits on mental health treatment decisions

A common condition of supervised release requires a defendant, post-incarceration, to participate in a mental health treatment program. Federal district courts often order probation officers to make certain decisions ancillary to these programs. However, Article III delegation doctrine places limits on such actions. This Note addresses the constitutionality of delegating the "treatment program" decision, in which a probation officer decides which type of treatment the defendant must undergo; the choice is often between inpatient treatment and other less restrictive alternatives. The resolution of this issue ultimately depends on whether this decision constitutes a "judicial act." Finding support in lower court case law, this Note argues that a "judicial act" encompasses decisions affecting the defendant's significant liberty interests. The Supreme Court case law and the mental health literature make clear that significant liberty interests are at stake in these "treatment program" decisions. Thus, delegating the "treatment program" decision to probation officers is unconstitutional under Article III. The Note concludes by suggesting a constitutionally permissible scheme whereby the judge orders a maximally intrusive treatment while giving the probation officer the discretion to choose a less restrictive program.     

Immigration,refugees, and foreign policy

The author first notes that mass movements of people across international boundaries, whether voluntary or forced, are increasingly becoming topics for international concern. In particular, the late 1970s and early 1980s have seen a series of migration crises with powerful foreign policy implications. The policy consequences of these international migration movements are considered, with particular reference to U.S. policy.     

Foreign Direct Investment,Regime Type,and Labor Protest in Developing Countries

We explore the relationship between FDI, regime type, and strikes in low‐ and middle‐income countries. We argue that FDI produces social tensions and opportunities for protest that can result in higher levels of industrial conflict. However, the effect of FDI is moderated by regime type. While democracies tend to have higher levels of protest overall, they are better able than authoritarian regimes to cope with the strains arising from FDI. We cite two reasons. First, political competition forces regimes to incorporate workers, which shifts conflict from industrial relations to the political arena. Second, democracies provide workers with freedom of association rights, which facilitate institutionalized grievance resolution. We test the argument using a new dataset of labor protest in low‐ and middle‐income countries for the period 1980–2005.     

Certifying a state forestry agency in Quebec: Complementarity and conflict around government responsibilities,indigenous rights,and certification of the state as forest manager

As voluntary third‐party certification systems become an increasingly accepted part of international frameworks for forest governance, some state forestry agencies are following the private sector in seeking certification of their forest management activities. We ask how the roles and responsibilities of state forest management agencies interact with the processes and mechanisms established by certification systems. To answer this question, we review existing research to propose a conceptual framework composed of eight issues of particular relevance to states: regulation, transnationalism, sovereignty disputes, partnerships and competition, mainstreaming, effectiveness, equity, and legitimacy and trust. We then use this framework to analyze experience in Quebec, Canada, where the state agency initially sought certification and then abandoned this plan after facing difficulties meeting the requirements pertaining to indigenous rights. Our framework helps to understand possible complementarities between state and non‐state systems, but also highlights challenges for reconciling state roles and responsibilities under certification.