Minority rights and the dialectics of the nation: Otto Bauer’s theory of the nation and its contributions to multicultural theory and globalization

Conclusion This article analyzed Otto’s Bauer idea of the nation and assessed its meaning and significance qua liberal nationalism and the expansion of national minority rights in Europe. It argued that Bauer's formulation of the same rights for all minorities exposed certain limitations of multicultural theory, namely the failure of liberal multicultural theorists to adequately address the consequences of special minority rights and the potentially transformative role of labor in liberal societies that necessarily seek to be inclusive. Further, Bauer's idea of cultural autonomy raised important and relevant implications for advancing national minority rights in Europe. In particular, his initiative exposed possible ways to promote the social of cultural rights of EU Charter on Fundamental Rights. Given this and the EU's commitment to labor rights, it is curious that Bauer’s theory has not received the attention it deserves. Indeed, even if Bauer's ideas prove somewhat non-conventional by liberal standards, it is still important that we see his ideas as serving some elemental purpose in linking the advancement of national values and sentiment with the EU goal of integration.     

Arab States and the Role of Islam in the International Criminal Court

This article assesses the various disagreements between Arab and western states that surfaced at the 1998 Rome Conference and Preparatory Commission. It also discusses the relationship between state repression and cultural adaptation by examining the undeveloped domestic criminal systems of Arab states and the ambiguous role played by shariah (Islamic law) in the constitutions of many of them. It argues two main points: that more mutual accommodation will be needed to resolve these and future conflicts between Islamic and international law; and that such conflicts between the ICC and Arab states expose the need for further cultural adaptation to the ICC Statute. It is out of this process of cultural adaptation that the relationship between Islam and serious international crimes will evolve.     

Codependency to Conflict?

正Scapegoating China puts both countries’most valuable partnership at riskThe world’s most important economic relationship is in serious trouble.Long drawn together by the mutual benefi ts of codependency—an export-led China relying on U.S.demand and a savingshort United States in need of low-cost Chinese imports and surplus foreign capital—the air is now thick with tension.The United States’shifting stance on trade policy is hardly surprising.In his inau-     

Magistrates' Everyday Work and Emotional Labour

The concept of emotional labour describes the management of emotions as part of everyday work performance. Much of the research in this field has been in relation to jobs in the service sector where (mostly female) employees are required to shape their own feelings in order to make customers or clients feel at ease, comfortable or happy. There has been relatively little attention paid to the importance of emotional labour in professional occupations. This paper examines the emotional labour of magistrates in court. Magistrates must often regulate their own emotions and those of some court users, many of whom are not legally represented and who express a variety of emotions, including anger and distress, and experience social problems that may elicit emotions or emotional responses from the magistrate. The paper reports findings from interviews with over 40 magistrates throughout Australia and begins to address the significance of emotional labour for this branch of the judiciary.     

Hard labour: Four views on women in the workforce

Desley Deacon, Managing Gender. The State, the New Middle Class and Women Workers 1830–1930 (Oxford) Melbourne 1989; Sally Hacker, Pleasure, Power and Technology. Some Tales of Gender, Engineering and the Cooperative Workplace, (Unwin Hyman) London 1989; Rosemary Pringle, Secretaries Talk. Sexuality, Power and Work, (Allen & Unwin) Sydney 1988; Claire Williams, Blue, White and Pink Collar Workers in Australia. Technicians, Bank Employees and Flight Attendants, (Allen & Unwin) Sydney 1988.     

Entrepreneurial Regulatory Legal Strategy: The Case of Cannabis

This article develops the concepts of regulatory legal strategy, a resource-based view of government agencies, and regulatory entrepreneurship. These ideas are explored through a case study of the limited (if any) access that legal cannabis-related businesses have to the banking system due to the clash between federal law and laws in those states that have legalized some uses of cannabis. This article argues that regulators’ entrepreneurial regulatory legal strategies can have a material impact on regulated entities and give them a competitive advantage. To demonstrate, this article claims that regulators’ adoption of permissive regulatory legal strategies has facilitated access of some cannabis-related businesses to the banking system. Conversely, if regulators adopted obstructive regulatory strategies, this would act as a constraint on such access in the future, even if Congress resolves the federalism issue largely responsible for the current limitations these businesses face.     

Incomplete Clearinghouse Mandates

In the 2007–08 financial crisis, over‐the‐counter (OTC) derivatives triggered the collapse of colossal financial institutions. In response, global policy makers instituted clearinghouse mandates. As a result, all standardized OTC derivatives must now use clearinghouses, and global financial market stability now depends upon these institutions. Yet certain underlying legal and regulatory structures threaten to undermine clearinghouse stability, particularly were a significant clearinghouse to become distressed. This article argues that the clearinghouse mandates are incomplete in that they fail to reform these problematic arrangements. As with electric utilities, the lights at the financial market infrastructures known as clearinghouses must always be on. Yet the legal frameworks for handling a distressed clearinghouse, the problem of clearinghouse recovery, and resolution, remain uncertain. This article advances debate on this issue. It argues that recovery, a private market restructuring process, can be conceptualized as a bargaining game dependent upon time‐critical cooperation between a clearinghouse and members. This article uses transaction cost economics to demonstrate, however, that certain underlying legal and regulatory structures could work at cross‐purposes to this necessary cooperation, and actually increase its cost. Based upon this analysis, it proposes reforms designed to ensure that parties’ incentives promote efficient recovery. In the absence of efficient recovery frameworks, the path of a distressed, significant clearinghouse is likely to resemble that of the government‐backed mortgage lenders whose fate more than ten years after their entry into conservatorship remains uncertain. This article aims to help avoid a repeat of this history.