Law and Policy

The national policy outlined in the Economic Transformation Act No. 45 of 2024 (the Act or the ET Act ) identifies promoting foreign investment as a key driver in Sri Lanka’s economic transformation. It further underscores the need to attract export-oriented foreign direct investment (FDI) to support the ‘growth of non-debt creating inflows to the economy’. The policy sets forth two specific investment goals. The first is to increase the country’s net FDI inflow to at least five per cent of Gross Domestic Production by the year 2030. The second is to ensure that at least forty per cent of the country’s net FDI is in exports of goods or services by the same year. Achieving these goals requires Sri Lanka to create a conducive business environment. The preamble to the ET Act also emphasizes the need for a law that fosters an investment-friendly environment within the country. It further affirms Sri Lanka’s commitment to establish ‘a transparent, inclusive, and rules-based system that promotes fair and equitable treatment’ for both domestic and foreign investors. To that effect, the ET Act provides for a comprehensive set of investment guarantees. Yet, they mainly focus on protecting the interests of foreign investors and placing them in an advantaged position relative to domestic investors. The idea behind prioritizing investor protection is to ostensibly promote FDI which has been identified as a key driver of Sri Lanka’s economic growth in the post-economic crisis era. Thus, the ET Act manifests the structural biases inherent in international law on foreign investment while perpetuating the long-standing power disparity between foreign and domestic investors by embedding it within Sri Lanka’s domestic legal system.

The discourse on corporate accountability for human rights violations has been shaped to a great extent by the United Nations Guiding Principles on Business and Human Rights (UNGPs) (UNGPs), resulting from the work of John Ruggie, the UN Secretary-General’s Special Representative for Business and Human Rights. The UNGPs were endorsed by the UN Human Rights Council in June 2011 and rest on three pillars: the State duty to protect against human rights violations; the corporate responsibility to respect human rights in their operations; and greater access by victims to effective remedy, both judicial and non-judicial, for human rights violations. While the focus on the second pillar i.e. the corporate responsibility to respect human rights is increasingly scrutinized, it has mostly been done in Western academic contexts. A long overdue African perspective on what this second pillar means and entails, is starting to take shape given that the African continent continues to be the breeding ground for many human rights atrocities attributed to corporations. In this respect, Abe’s book is a meaningful welcome contribution from the legal perspective on these issues.

Dr Oyeniyi Abe’s book, Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions is the foremost and authoritative text on the contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in Africa. The lucidity of the book derives significance from the clear and logical articulation of the various pathways developing countries can leverage huge abundance of natural and human resources for sustainable development. Abe’s book, therefore, serves as a critical expose of legal, institutional, and policy discourses established by states, and corporate entities to safeguard implementation of socially responsible norms. Abe’s systematic exploration of the global challenges confronting companies and how they are responding to those challenges provides a clear roadmap towards achieving the full implementation of the UN Guiding Principles of Business and Human Rights (UNGPs) in Africa

Businesses operate in a globally complex, yet uncertain environment with increasing risks in numerous domains. While it is important and necessary for businesses to be able to continue to operate in these challenging times, it is essential that companies understand human rights risks of their conducts, measures to prevent, address and mitigate such risks, as well as rules and regulations to manage corporate obligations to respect human rights risks in a consistent manner. Furthermore, as the world faces tremendous challenges, including intra and inter-state conflicts, living crisis, environmental disasters, climate change, and the debate on energy justice and transition, this book argues that African states must promote investment opportunities and safeguard trade regimes that do not create the space for corporate induced human rights violations. It considers that development approach must be anchored on indices that deliver economic growth, is environmentally sustainable and socially inclusive.

September 21, 2021

Paid Short-term Consultancy: Legal and Policy Researcher (Parental Leave Cover)

Key information:

The book titled Multi-Sided Music Platforms and the Law: Copyright, Law and Policy in Africa is a timely contribution to literature in this era, with regards to the music boom in Nigeria and other parts of Africa and the existence of music platforms for entertainment as well as commercial purposes. There is a voluminous scholarship in this book on law and multi-sided platforms generally on one hand and copyright law specifically on another. The author focused on the legal and regulatory issues that arise from the use of copyright-protected content by multi-sided platforms in digital advertising.

According to Professor Caroline Ncube in the foreword, this book is an important and timely contribution to the discussion of music platforms and is the first work that considers multi-sided platforms from the perspectives of copyright, competition and privacy under South African and Nigerian laws.

The Editorial Committee of the Journal of Sustainable Development Law and Policy invites submissions for a Special Issue on The Role of Multinational Corporations in the Actualization of the Sustainable Development Goals in Africa.

The discourse on corporate accountability for human rights violations has been shaped to a great extent by the United Nations Guiding Principles on Business and Human Rights (UNGPs), resulting from the work of John Ruggie, the UN Secretary-General’s Special Representative for Business and Human Rights.

This is an academic position in a small but highly motivated Mandela Institute team operating in a renowned South African Law School. It has an attractive remuneration package and conditions of service.