Labour and economic development: emerging issues in developing Asia

Contents:
Child labour and economic development : emerging issues in developing Asia /​ Gamini Herath and Kishor Sharma
Child labour in developing countries : review of theoretical and : empirical issues /​ Gamini Herath
Cumulative causation as explanation and policy base for child labour /​ G. Bamberry
Child labour : an integrated approach /​ Manohar Pawar
Trade, growth and child labour practices in South Asia /​ Kishor Sharma
An overview of child labour laws, prevention strategies and assessment of their effectiveness in Bangladesh /​ Jesmul Hasan
An overview of child labour in India /​ Subhashini Subbaraman and Harald von Witzke
Child labour in India : a critical evaluation of four issues /​ Anna Pinto
Prevention of child labour in Nepal : an overview of strategy and effectiveness
Chiranjibi nepal
Prevention of child labour in Pakistan : analysis of strategy and effectiveness /​ Shafqat Munir and Hassan Mangi
Issues relating to prevention of child labour in Sri Lanka /​ Nisha Arunatilake and Roshani de Silva.

Child labour in developing countries: review of theoretical and empirical issues

Contents:Child labour and economic development : emerging issues in developing Asia /​ Gamini Herath and Kishor Sharma
Child labour in developing countries : review of theoretical and : empirical issues /​ Gamini Herath
Cumulative causation as explanation and policy base for child labour /​ G. Bamberry
Child labour : an integrated approach /​ Manohar Pawar
Trade, growth and child labour practices in South Asia /​ Kishor Sharma
An overview of child labour laws, prevention strategies and assessment of their effectiveness in Bangladesh /​ Jesmul Hasan
An overview of child labour in India /​ Subhashini Subbaraman and Harald von Witzke
Child labour in India : a critical evaluation of four issues /​ Anna Pinto
Prevention of child labour in Nepal : an overview of strategy and effectiveness
Chiranjibi nepal
Prevention of child labour in Pakistan : analysis of strategy and effectiveness /​ Shafqat Munir and Hassan Mangi
Issues relating to prevention of child labour in Sri Lanka /​ Nisha Arunatilake and Roshani de Silva.

Child labour in South Asia

This volume aims to shed light on the debate over child labor in the era of globalization by documenting the experience of Asian developing countries which have experienced rapid income and export growth. G Hearth, Deakin University, Australia. & K Sharma.

Remedying discrimination : the limits of the law and the need for a systemic approach

Very few discrimination complaints reach the courts each year. As with other civil litigation, the reasons for this include the cost of pursuing litigation and, particularly for complainants, the risk of losing or receiving less than the complainant could have negotiated prior.

Drawing on interviews with lawyers and non-legal advocates in Victoria and an analysis of successful cases in three jurisdictions, this article examines the remedy the court is likely to award in a successful discrimination complaint and considers the effect of this on the eradication of discrimination in society. A comprehensive examination of the remedies awarded in successful discrimination complaints in Victoria over a three year period shows that courts are most likely to order compensation at modest amounts and complainants are not regularly awarded their costs. A comparison with Queensland and the federal system reveals a similar experience. Even in those jurisdictions where wider remedies are available, courts rarely take the opportunity to make broad orders which could affect other similarly situated individuals or deter would-be respondents.

While it is necessary to remedy the complainant’s experience, it is also necessary to address broader, systemic discrimination and a compensation award cannot do this. Remedying discrimination with compensation is primarily a problem because it is reactive. Compensation does not address other instances of discrimination in society or achieve systemic change nor does it encourage compliance because the respondent is not required to take anticipatory action to prevent another complaint.

Based on the interpretive principles and extensive remedies provided in South Africa’s recent anti-discrimination and a study of remedies ordered by the South African Equality Courts and the Irish Equality Tribunal, the article proposes reforms to Australia’s anti-discrimination legislation to enable courts to make wider orders which target other instances of discrimination in addition to remedying the complainant’s experience.

“People’s law” and restorative justice: the success of circle sentencing in New South Wales

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

The disunity of employment law and sentencing

This article discusses the lack of integration between criminal sanctions and employment deprivations (in the form of being dismissed from employment or disqualified from working in certain industries). Offenders who are employed in certain industries, especially the professions, often suffer a far greater net punishment upon being found guilty of a criminal offence than other offenders, thereby violating the principle of proportionality and the (related) principle of equality in the impact of sanctions. The reason that such a situation has developed is because criminal sanctions and employment deprivations have evolved from different streams of jurisprudence. This article argues that sentencers should impose a ‘net’ sanction for a criminal offence, thereby merging these streams of jurisprudence. This would require courts to be vested with the power to suspend or disqualify people from being employed in certain occupations. The legal analysis in this article focuses on case and statutory law in Australia, however, the same broad principles apply in all common law jurisdictions, including the UK. Hence, the reform proposals suggested in this article are relevant throughout the common law world.

Holding the purse strings : the continuing evolution of human rights law and the potential liability of the finance industry for human rights abuses

While the responsibility of States and, in more recent times, corporations, has been thoroughly discussed in relation to human right~, a new stage of evolution may be emerging in relation to the liability of the financial backers of an enterprise that is accused of human rights abuses. This article considers the basis in international law for such emerging liability and examines some of the legal avenues used in recent domestic litigation against financial institutions. The article concludes by examining some of the relevant instruments of 'soft' international law and notes that although there is little in the way of concrete legislation or judicial precedent that would hold financial institutions responsible for the actions of those they invest in, the potential for the law to evolve in that direction is clear.

Euthanasia, morality and the law

"This book assesses the desirability of legalising euthanasia. From the ethical perspective, euthanasia raises many important issues including the right to life, the right to liberty, the avoidance of unnecessary pain, the appropriate allocation of medical resources, and the rights and duties of doctors. Other relevant considerations include the improving standard of palliative care and the "slippery slope" argument. The central arguments for and against euthanasia are evaluated against the background of the leading contemporary moral theories. The book seeks to cut through the rhetoric that has become a feature of the debate and asks whether there is a sound reason for denying the wishes of individuals who express their wish to die."

GST legislation plus 2002 : featuring key sectional commentary and cross-references

A unique annual legislation book that makes understanding, interpreting and applying the evolving GST legislation easier for all practitioners.

GST legislation plus 2003 : featuring key sectional commentary and cross-references

A unique annual legislation book that makes understanding, interpreting and applying the evolving GST legislation easier for all practitioners.

Making sense of law and disorder

This article tells the story of a cross-cultural encounter on a beach at King George's Sound in the south west of Australia in 1826, when Major Edmund Lockyer arrived to establish a British military garrison. The account we have of those early encounters come from the pen of Lockyer, and by taking a close reading of his journal this article attempts to reveal the meanings and context of Aboriginal actions. It also analyses how the Aborigines and the British made sense and subsequently responded to the encounter. Whilst this story is not given iconic status in Australian historiography, it is valuable in opening up a porthole into this contact zone at the moment when precarious relationships were being formed.