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I use the United Nations Panel of Experts on Accountability in Sri Lanka’s recommendation to create an international mechanism and recent demands for justice as a springboard to argue that the creation of a new ad hoc international or hybrid criminal tribunal for Sri Lanka may not produce the expected results of prosecuting those responsible for mass human rights violations. I argue that such an initiative will not heal the ruptures and cleavages among the different ethnic communities in Sri Lanka. By teasing out the political nature of international criminal law and the embedded nature of the history of international law, this chapter suggests that the creation of an international institution may not bring to justice the divergent perpetrators of war crimes. Rather, the politics of international institutions and the history of international law may allow for ‘regulatory capture’ and the continuing rise of international experts as seen through the illustrative history of the International Criminal Tribunal for Rwanda.
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In what follows I make five points that are potential ‘hot spots’, or are implications that flow from the Supreme Court of Canada’s decision in Bhasin v. Hrynew 2014 SCC 71 [hereafter Bhasin]. They are presented in no particular order, but, in making these comments I am reminded of the comment: “He who lives by the crystal ball soon learns to eat ground glass” (Edgar R. Fiedler in The Three Rs of Economic Forecasting-Irrational, Irrelevant and Irreverent).
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Despite the widely accepted relationship between quality primary education and sustainable, equitable development, two of the world’s fastest-growing democracies—India and Brazil— continue to trail their regional and economic peers in basic learning outcomes. Using a supply and demand framework, this article identifies six institutional factors that we hypothesize may have been determinative in shaping education outcomes in both countries: actual popular demand, availability of information about public education quality, impact of private school alternatives, financial allocations, incentive structures for educational personnel, and the influence of political institutions on the responsiveness of public leaders. Our analysis reveals the interrelationships among these six factors and their connections to broader economic, political, social, and historical realities in each country. We conclude by identifying central elements of public accountability mechanisms that seem to be the most appropriate institutional venues to create and maintain the type of sustained, focused public pressure necessary to achieve lasting improvements to access and quality.
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As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed as self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. There has been little research on the ways in which the law does so, however, for the simple reason that self-ownership of one’s laboring capacities is often taken as fact, as the starting premise for analysis, and treated as a necessary pre-condition for individual self-realization through contract. Moreover, proprietary and contractual forms of regulating work are often presented as diametrically opposed: a proprietary method of labour regulation is said to create a relationship of slavery, while contract is presented as an institution of choice. This paper argues that an analysis of labour power as property, and its relationship to contract, emphasizes that both contract and property are enmeshed in the legal regulation of waged employment. Examining the ways in which the courts have given shape to individuals' proprietary rights over their labour power, and have set the terms for its exchange, demonstrates that the limitations on employer's rights of control are not inherent to the contractual form. Instead, they often depend on wider social processes, such as production and labour processes, collective bargaining, and statutory regulation. Examining proprietary rights over labour power provides another window onto the malleability of the contractual form, and the degree to which political choices are made by courts and legislators in determining the terms of the employment contract. This paper therefore investigates the relationship between contract, and labour power as property. To do so the historical evolution of contractual limitations on employers’ rights of control will be canvassed, and the ways in which these limitations are now fraying. In particular, the development of the managerial prerogative from a property to a contract-based interest is described, and the ways in which concepts of working-time have operated, in theory, to separate in law the commodification of labour power from the commodification of self. Finally, the paper concludes by examining the ways in which these limiting mechanisms are beginning to disappear, as collective bargaining protections dissipate and the statutory protections are rolled back.
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