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Orthodox discourse on business and human rights tends to conceive of the human rights responsibility of corporations in terms of minimising the negative human rights impacts of their own activities, as opposed to exerting a net positive effect on human rights. On 15 August 2010, however, Sri Lanka's access to the EU's Generalized System of Preferences (GSP)+ trade incentives was withdrawn for reasons relating to that country's human rights record, creating an actual positive economic incentive for Sri Lankan businesses to actively engage the government on its human rights record. In this context, the author explores the potential for the Sri Lankan garment industry, which is highly dependent on exports to the EU, to effect positive human rights change in Sri Lanka.
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Professor Ladeur argues that administrative law's postmodernism (and by extension Global Administrative Law) necessitates that we move beyond relying on ideas of delegation, accountability and legitimacy. Global Governance, particularly Global Administrative Law and Global Constitutionalism, should try to adapt and experiment with the changing nature of the postmodern legality and support the creation of norms that will adapt to the complexities of globalisation. Ladeur's contestation, similar to GAL's propositions, can be challenged. By taking the International Criminal Tribunal for Rwanda, a significant contributor to the field of international criminal law, as an example, it is suggested that the creation of networks that Ladeur makes visible may not account for ‘regulatory capture’. This paper will argue that from the outside, the proliferation of networks may suggest that spontaneous accountability is possible. A closer look, however, drawing on anthropological insights from the ICTR, reveals that international institutions are susceptible to capture by special interests. Furthermore, there are two central themes that animate the response to Professor Ladeur: the political nature of international institutions and the history of international law, and the role of institutions in this history.
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Gemma Smyth, 2012 1-1 Canadian Journal of Poverty Law 145, 2012 CanLIIDocs 721
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Roderick A Macdonald, Gemma Smyth, Maggie Liddle, Jenny Buchan, Tracy Wilcox, Dale Dewhurst, David Newlyn, Liesel Spencer, Mary J Shariff, Vanessa MacDonnell, 2012 6 Canadian Legal Education Annual Review, 2012 CanLIIDocs 705
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