Hidden Contradictions and Conditionality: Conceptualisations of Inclusive Education in International Law

The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised ‘inclusive education’. It argues that the right to education for children with disabilities in international law is constitutive of hidden contradictions and conditionality. This is most evident with respect to conceptualisations of ‘inclusion’ and ‘support’, and their respective emphases upon the extent of individual impairment or ‘deficit’ rather than upon the extent of institutional or structural deficit. It is vital that the new Committee on the Rights of Persons with Disabilities pays close attention to the utilisation of these concepts lest the Convention on the Rights of Persons with Disabilities further legitimises the ‘special needs’ educational discourse to which children with disabilities have been subject.

Cross-Cultural Intelligence (CQ): its impact on British Expatriates Adjustment in International Construction Projects

Purpose: The purpose of this paper is to investigate the relationship between the facets of cultural intelligence (CQ) (cognitive, meta-cognitive, motivational and behavioural) and the dimensions of cross-cultural adjustment (interaction, general and work adjustment).

Design/methodology/approach: Interviews and questionnaire survey were carried out with British expatriates from the architectural, engineering and construction sector. A total of 191 respondents, with experience from 29 different countries, actively participated in this research. Structural equation model was subsequently developed to investigate the relationship between elements of CQ and cross-cultural adjustment.

Findings: Results of structural equation modelling revealed that collectively all the four aspects of CQ have significant influence on general, interaction and work adjustment, particularly motivational and cognitive CQ. Cognitive CQ which empowers the expatriates with in-depth knowledge about different cultures was a significant predictor of interaction and work adjustment, whereas, motivational CQ is a significant predictor for general and work adjustment. However, no support was gathered for meta-cognitive and behavioural aspects of CQ.

Practical implications: Globally, construction companies and projects are entering an era of increased internationalisation which has prompted the migration/promotion of British construction professionals to different parts of the world for their specialised capabilities and skills. Thus, it is of utmost importance that these professionals adjust to their new world of varied culture and still be productive in their work.

Originality/value: An understanding of these essential factors can actually help British construction organisations to select and mentor individuals and to provide necessary training for successful international assignments.

Avoidance Techniques: State Related Defences in International Antitrust Cases

Despite its economic significance, competition law still remains fragmented, lacking an international framework allowing for dispute settlement. This, together with the growing importance of non-free-market economies in world trade require us to re-consider and re-evaluate the possibilities of bringing an antitrust suit against a foreign state. If the level playing field on the global marketplace is to be achieved, the possibility of hiding behind the bulwark of state sovereignty should be minimised. States should not be free to act in an anti-competitive way, but at present the legal framework seems ill-equipped to handle such challenges.

This paper deals with the defences available in litigation concerning transnational anti-competitive agreements involving or implicating foreign states. Four important legal doctrines are analysed: non-justiciability (political question doctrine), state immunity, act of state doctrine and foreign state compulsion. The paper addresses also the general problem of applicability of competition laws to a foreign state as such. This is a tale about repetitive unsuccessful efforts to sue OPEC and recent attempts in the US to deal with export cartels of Chinese state-owned enterprises