Seeking legitimacy through CSR: Institutional Pressures and Corporate Responses of Multinationals in Sri Lanka

Arguably, the corporate social responsibility (CSR) practices of multinational enterprises (MNEs) are influenced by a wide range of both internal and external factors. Perhaps most critical among the exogenous forces operating on MNEs are those exerted by state and other key institutional actors in host countries. Crucially, academic research conducted to date offers little data about how MNEs use their CSR activities to strategically manage their relationship with those actors in order to gain legitimisation advantages in host countries. This paper addresses that gap by exploring interactions between external institutional pressures and firm-level CSR activities, which take the form of community initiatives, to examine how MNEs develop their legitimacy-seeking policies and practices. In focusing on a developing country, Sri Lanka, this paper provides valuable insights into how MNEs instrumentally utilise community initiatives in a country where relationship-building with governmental and other powerful non-governmental actors can be vitally important for the long-term viability of the business. Drawing on neo-institutional theory and CSR literature, this paper examines and contributes to the embryonic but emerging debate about the instrumental and political implications of CSR. The evidence presented and discussed here reveals the extent to which, and the reasons why, MNEs engage in complex legitimacy-seeking relationships with Sri Lankan institutions

Depth, balancing, and limits of the Elo model

-Much work has been devoted to the computational complexity of games. However, they are not necessarily relevant for estimating the complexity in human terms. Therefore, human-centered measures have been proposed, e.g. the depth. This paper discusses the depth of various games, extends it to a continuous measure. We provide new depth results and present tool (given-first-move, pie rule, size extension) for increasing it. We also use these measures for analyzing games and opening moves in Y, NoGo, Killall Go, and the effect of pie rules

Rapidly increasing trend of recorded alcohol consumption since the end of the armed conflict in Sri Lanka

Aim: To evaluate temporal changes in recorded alcohol consumption in Sri Lanka during and after the armed conflict 1998 – 2013. Methods: District level alcohol sales, and mid-year population data for the whole study period (1998-2013) were consistently available from the Department of Excise and the Department of Census and Statistics for 18 of 25 districts. These data were used to estimate the recorded per capita consumption for the areas that were not directly exposed to the armed conflict. An interrupted time series design was employed to estimate the impact of the end of the armed conflict on recorded adult per capita alcohol consumption of population lived in the 18 districts. Results: Adult per capita recorded alcohol consumption among Sri Lankans living in the 18 districts was 1.59 litres of pure alcohol in 1998. This increased up to 2.07 litres in 2009 and 2.55 litres in 2013. Prior to the end of the conflict in 2009 adult per capita recorded consumption increased by 0.051 litres of pure alcohol per year (95% CI 0.029-0.074, p<0.001); after 2009 this was 0.166 litres per year (95% CI 0.095-0.236, p<0.001). Beer consumption showed the highest per capita growth compared with other beverages. Conclusions: Adult per capita recorded alcohol consumption among Sri Lankans living in areas that were not directly exposed to the conflict increased markedly after the end of the conflict. Rapid socio-economic development, alcohol industry penetration and lack of alcohol control strategies during the post-conflict period may have driven this increase

Utilization of multiple graphene layers in fuel cells. 1. An improved technique for the exfoliation of graphene-based nanosheets from graphite

An improved, safer and mild method was proposed for the exfoliation of graphene like sheets from graphite to be used in fuel cells. The major aim in the proposed method is to reduce the number of layers in the graphite material and to produce large quantities of graphene bundles to be used as catalyst support in polymer electrolyte membrane fuel cells. Graphite oxide was prepared using potassium dichromate/sulfuric acid as oxidant and acetic anhydride as intercalating agent. The oxidation process seemed to create expanded and leafy structures of graphite oxide layers. Heat treatment of samples led to the thermal decomposition of acetic anhydride into carbondioxide and water vapor which further swelled the layered graphitic structure. Sonication of graphite oxide samples created more separated structures. Morphology of the sonicated graphite oxide samples exhibited expanded the layer structures and formed some tullelike translucent and crumpled graphite oxide sheets. The mild procedure applied was capable of reducing the average number of graphene sheets from 86 in the raw graphite to nine in graphene-based nanosheets. Raman spectroscopy analysis showed the significant reduction in size of the in-plane sp2 domains of graphene nanosheets obtained after the reduction of graphite oxide

The origins and implications of contractual estoppel

Considers how case law arising from disputes related to the global financial crisis of 2008-09 has developed the doctrine of "contractual estoppel". Examines the concerns expressed by judges and commentators over: (1) whether contractual estoppel is a legitimate form of estoppel; and (2) the risk of "contagion" from cases involving sophisticated financial investors to consumer contract, or more ordinary business contract, scenarios

Sri Lanka’s potemkin peace: democracy under fire

This report argues that, despite recent moves meant to show progress towards post-war reconciliation and respect for human rights, Sri Lanka’s government has not altered the authoritarian direction of its policies, and the rights and security of all communities remain under threat.Executive summarySri Lanka’s ethnically-exclusive regime continues to close political space and consolidate its power. Recent moves that create a perception of progress have not weakened the power of the president, his family or the military or brought reconciliation, ended human rights abuses or reduced impunity. The Tamil National Alliance (TNA) won a landslide victory in September’s long-awaited northern provincial council elections. Yet, President Mahinda Rajapaksa’s administration is reluctant to allow devolution to begin, preferring to maintain de facto military rule in the north. It faces increasing social and communal pressures elsewhere, too. Journalists, human rights defenders and critics of the government are threatened and censored. With opposition parties weak and fragmented, continued international pressure and action are essential to stem the authoritarian turn and erosion of rule of law, realise the devolution of power promised in the constitution and start a credible investigation of alleged war crimes by government forces and the Tamil Tigers (LTTE). The long-awaited northern province elections – the result of intense pressure from India, Japan and the U.S. – are welcomed internationally. However, the TNA-controlled council will almost certainly have to battle the president to claim even its limited powers, which can be enjoyed only with central government cooperation. No provincial council has ever been permitted to exercise all powers granted by the constitution’s thirteenth amendment, which established a degree of devolution. The constitutional and legal context is not favourable to the TNA, especially under the current chief justice, appointed after his predecessor was unconstitutionally dismissed in January 2013. The TNA will also be under pressure from a restive Tamil constituency that was wooed during the campaign with strongly nationalist, sometimes pro-Tamil Tigers statements but is sceptical the council offers northern Tamils real power. For the election to be a meaningful step toward resolving the ethnic conflict, Colombo would have to abandon its hostility to devolution and reverse its policy of militarisation, centralised control and creeping Sinhalisation of the north. To succeed, the northern provincial council requires financial, technical and political support from the international community. India, the U.S. and other influential governments should make clear to Colombo that diplomatic pressure will intensify if it pushes through constitutional changes that weaken or eliminate provincial councils. Working with multilateral development agencies, those governments should aim to prevent further regression through state- and military-assisted demographic change in the north and east. Devolution in the north is unlikely to make real progress while the rest of the country suffers from democratic deficit. The TNA would do well to frame its struggle for demilitarisation, security and democratic rights in both the north and east in ways that resonate with growing unhappiness elsewhere at how Sri Lanka is being governed. Increasing numbers of Sinhalese are questioning the high cost of living, corruption, economic mismanagement, land grabs and apparently politically-connected violence. Faced with popular discontent and protests on a range of social and economic issues, the government has frequently responded with repression and violence, using the Prevention of Terrorism Act to jail critics and the army to attack protesters. This has led to unprecedented public criticism of the army, police and ruling family. There is also evidence of serious discontent within the president’s own party and cabinet. The government has given tacit – at times explicit – support for militant Buddhist attacks on mosques, as well as Muslim businesses and cultural practices. These have continued with impunity for almost two years. Many believe leaders use fear of “Muslim extremism” to shore up Sinhalese support. Despite occasional tensions, the two communities have traditionally maintained cordial relations. Violence against Christian churches and worshippers also appears to be on the rise in 2013, with no serious government efforts to prevent or punish attacks. Prior to the late August visit to Sri Lanka by the UN High Commissioner for Human Rights, the government announced legal and administrative moves to address some of the recommendations of its own Lessons Learnt and Reconciliation Commission (LLRC) and the UN Human Rights Council’s March 2013 resolution on reconciliation and accountability. These have been too weak to help restore the independence of the judiciary or police, curb militarisation or ensure accountability for alleged war crimes. If anything, institutionalised impunity has increased, and power remains firmly concentrated with the president and his family. Participants should use the November 2013 meeting of Commonwealth leaders in Colombo (CHOGM) to press the Sri Lankan government to address human rights abuses, prevent attacks on religious minorities and restore the independence of the judiciary. Leaders should also publicly insist on a credible process of accountability for end-of-war events and a political solution built on deepened devolution of power within a united Sri Lanka. UN Human Rights Council members should begin designing an international mechanism empowered to investigate the many credible allegations of violations of international law by both sides in the civil war and to monitor continuing human rights violations and attacks on the rule of law. The government’s policies have badly damaged the rule of law and democracy, undermined the rights of Tamils, Muslims and Sinhalese alike and rendered all Sri Lankans insecure. If it continues to close off avenues of peaceful change, the risks of violent reaction will grow. International vigilance and pressure are essential to keep the situation from getting worse

Springwell-watch: new insights into the nature of contractual estoppel

Over the last ten years, the emergence of contractual estoppel has been catalysed by litigation between sophisticated participants in the financial markets. Pending a Supreme Court decision, the principal authority remains the Court of Appeal’s 2010 decision in Springwell Navigation Corp v JP Morgan Chase Bank (‘Springwell’). It would be wrong, however, to think that the doctrine has remained static since this landmark decision, or that it has remained confined to the financial sphere, or to relationships between sophisticated parties. The paper aims to fill a gap by considering the more recent, ‘second generation’ of cases involving contractual estoppel handed down in the five years 2013-2017 inclusive, with the aims of developing our understanding of this type of estoppel and examining its actual implications to date. Overall, the paper shows how contractual estoppel has become a recurrent and predictable feature of financial markets litigation, but also how it has spread into cases involving more diverse aspects of business and personal life. It argues that this diversity matters not only because of the impact on these wide-ranging types of relationships, but also because it has influenced the development of the doctrine. In this respect, the analysis shows how existential questions about contractual estoppel have faded from the cases, to be replaced by debates about the constraints on the doctrine. As a result, having assessed the extent and implications of spread of the doctrine, the paper proceeds to analyse the status of those constraints as they currently stand, considering in turn the ‘internal’ and ‘external’ limit

Outcome evaluation of research for development work conducted in Ghana and Sri Lanka under the Resource, Recovery and Reuse (RRR) subprogram of the CGIAR Research Program on Water, Land and Ecosystems (WLE).

This is the main report of an external evaluation of the Resource Recovery and Reuse Flagship of the Water Land and Ecosystems (WLE) CGIAR Research Program. WLE commissioned the study. The Evaluators interviewed researchers and partners in two countries, Ghana and Sri Lanka, and in Ghana visited two sites. They also interviewed key international partners and analyzed a wide range of documents, reports and publications. The evaluation was focused on understanding how and in what ways the research and other activities carried out by IWMI and supported by WLE contributed to the outcomes. In essence, the purpose was to understand the specific impact pathways from research to outputs and outcomes

Internationalization and the Rearrangement of Ownership of Firms and Parts of Firms: Grindlays Bank, 1828-2000

Grindlays Bank, a British overseas bank whose operations spanned South Asia, Africa and the Middle East, has a particularly long and rich history. As a multi-unit organization, Grindlays provides a good example of the point that if one wishes to understand the internationalization process of such a firm — the mechanisms that determine the geographical scope of its operations — one must take into account the rearrangement of ownership of units (primarily branches). As Grindlays’ strategy changed, frequently as a function of changes in its ownership, Grindlays responded by buying or selling units. It also lost units to actions of governments. However, it is the rearrangement of ownership of branches that is the most provocative observation in that it suggests the hypothesis that strategic advantage in banks does not reside at the branch level.foreign direct investment,

Sri Lanka: Tamil politics and the quest for a political solution

This report argues that the Sri Lankan government’s refusal to negotiate seriously with Tamil political leaders is heightening ethnic tensions and damaging prospects for sustainable peace. The administration, led by the Sri Lanka Freedom Party of Mahinda Rajapaksa, has refused to honour agreements with the Tamil National Alliance (TNA), broken promises to world leaders and not implemented constitutional provisions for minimal devolution of power to Tamil-speaking areas of the north and east. Militarisation and discriminatory economic development in Tamil and Muslim areas are breeding anger and increasing pressure on moderate Tamil leaders. Tamil political parties need to remain patient and keep to their moderate course, while reaching out more directly to Muslims, Upcountry Tamils and Sinhalese. International actors should press the government more effectively for speedy establishment of an elected provincial council and full restoration of civilian government in the north, while insisting that it commence serious negotiations with elected Tamil representatives from the north and east. Many believed that the end of the war and elimination of the separatist Tamil Tigers (LTTE) would open space for greater political debate and moderation among Tamils, while encouraging the government to abandon the hardline Sinhalese nationalism it had cultivated to support its war efforts and agree to devolve meaningful power to the majority Tamil-speaking northern and eastern provinces. While there has been an increase in democratic and moderate voices among Tamils, the government has failed to respond in kind. Instead, it has adopted a policy of promising negotiations and expanded devolution in discussions with India, the U.S., and the UN Secretary-General, while denying these same things when addressing its Sinhala voting base. It has refused to negotiate seriously with TNA representatives, repeatedly failing to honour promises and ultimately breaking off talks in January 2012. Since then it has demanded that the TNA join the government’s preferred vehicle, a parliamentary select committee (PSC), a process clearly designed to dilute responsibility and buy time. Three-and-a-half years after the end of the war, President Rajapaksa continues to delay the long-promised election to the northern provincial council – elections the TNA would be nearly certain to win. Despite repeated public promises, the president has refused to grant even the limited powers ostensibly given to provincial councils under the constitution’s thirteenth amendment. Instead, he and other senior officials have begun to discuss the amendment’s possible repeal or replacement by even weaker forms of devolution. Even as the government refuses to respond to longstanding demands for power sharing, Tamil political power and identity are under sustained assault in the north and east. While Tamil leaders and nationalist intellectuals base their demands for political autonomy on the idea that these regions are the traditional areas of Tamil habitation, government figures, including the president’s powerful brother and defence secretary, Gotabaya Rajapaksa, follow a long line of Sinhala nationalist thinking and explicitly reject that the north has any privileged Tamil character. Military and economic policies have been institutionalising this ideological position with vigour. The de facto military occupation of the northern province and biased economic development policies appear designed to undermine Tamils’ ability to claim the north and east as their homeland. For many Tamils, this confirms their long-held belief that it was only the LTTE’s guns that placed their concerns and need for power sharing on the political agenda. In the face of the government’s resistance to a fair and negotiated settlement, TNA leaders have come under increasing pressure from their constituencies to adopt more confrontational language and tactics. Growing demands for the right to self-determination for the Tamil nation and hints that separatist goals have not been permanently abandoned have, in turn, provoked harsh reactions and expressions of distrust from Sinhala leaders. The situation is likely to remain difficult, with major negotiating breakthroughs unlikely in the near term. Nonetheless, the international community – especially India and the U.S. – should increase pressure on President Raja­paksa to significantly reduce the numbers and influence of the military in the north and hold credible northern provincial council elections in advance of the March 2013 meeting of the UN Human Rights Council. The president should also be pressed to agree to the TNA’s reasonable terms for joining the PSC and begin implementing the thirteenth amendment meaningfully. Effective and lasting power sharing will almost certainly require forms of devolution that go beyond the current unitary definition of the state. Yet if skilfully handled, the current political conjuncture, both domestic and international, holds out possibilities to convince the government to concede greater space and ratchet back some of the worst abuses. For the TNA to improve Tamils’ chances of receiving a fair deal from the state and, ultimately, some significant degree of power sharing, it will need to articulate grievances and the value of devolved powers more clearly and in ways that larger numbers of the other main communities – in particular Sinhalese and Muslims – can understand and accept as reasonable. In particular, the demand for autonomy needs to be framed in ways that can reassure at least some large minority of Sinhalese that the threat of secession is no longer there. It is also important for Tamil political leaders of all parties to begin mending relations with Muslims, so badly damaged by LTTE killings and the expulsion of all Muslims from the northern province in 1990. The TNA should insist that Muslim representatives be given a central role in negotiations on expanded devolution of power. Finally, the Tamil leadership needs to find both practical and rhetorical ways of building links between its struggle for rights and power sharing and the growing unease among Sinhalese at the corruption and abuse of power characteristic of the Rajapaksa government. The Tamil struggle for rights and freedom is likely to succeed only when the broader national struggle for the restoration of democracy and the rule of law, including the depoliticisation of the judiciary and the police, has made substantial progress. Joining together efforts to solve the two different forms of the “national question” should become an imperative part of the struggle for Tamil rights