Sovereignty is no more an absolute right of a State in the contemporary world. Sovereign
States possess rights, as well as obligations. Due to this transformation and increased State
practice, the international community ...
The use of law as a response to disability is arguably a recent development in Sri Lanka
and is reflected primarily in The Protection of the Rights of Persons with Disabilities Act
(hereinafter ‘the Act’).1 Even at a ...
Justice and security are two significant interrelated components in a sustainable society. Law
is a powerful instrument which is used to ensure justice and security to everyone the society.
The administration of criminal ...
Many socio -political problems such as the increased cost of living and the waste of public
money for various inadequate programmes that we have today directly or indirectly
contribute to the existence and growth of ...
Knowledge assets have a profound impact on the successes of business in the 21st
century. From an economic point of view, the rights associated with any undisclosed
information or trade secrets provide its owner an ...
In the event of the dissolution of marriage, the maintenance of a Muslim divorced woman
by the husband is a contentious issue in Sri Lanka and other countries1. Although Muslim
Law in most countries, including Sri Lanka, ...
Property has always been a privilege of a few and not a right of the humankind, and the
lack of it makes men and women vulnerable.1 Those who do not enjoy rights relating to
property need the fundamental protection of ...
During the early years of British rule, by the proclamation of 23rd September 1799, the
continued operation of the Thesawalamai was guaranteed. In the present context, the
Constitution of 19781 has guaranteed the continued ...
This paper looks at the Sri Lankan legal responses to fractured relationships in the spheres
of husband and wife and employer and employee. In examining the husband wife
relationship we will confine ourselves to the ...
The laws governing criminal procedure are based on a compromise between conflicting
objectives of policy: on the one hand, effective law enforcement which concerns the
security of the community as a whole and on the ...
In the modern world, only a democratically elected government will gain the recognition
as a legitimate government. A state can enhance representative democracy only by
adopting an accurate and appropriate electoral ...
A legal system is based on basic norms and values which guarantee smooth functioning of
the society it serves. These norms and values reflect communal morals rooted in the
natural law tradition and they direct the “Black ...
Most of the countries including South Asian countries have started to include specific
measures into their domestic laws to protect women’s rights in order to comply with
international standards. Nonetheless, the tragic ...
The phrase ‘work like any other, work like no other’ taken from the ILO Report on
Domestic Workers is used in this paper in the context of domestic workers performing
their work similar to other workers, but domestic ...
Positive prescription1 is not an unfamiliar concept to Sri Lankan land law. The history of
this concept dates back to Roman days when it had originated as a mode of acquiring land
ownership under Roman Land law. Positive ...
Consumer rights law in this age of globalization has generated new challenges for policy
makers to ensure a stable and sustainable community. At the same time, the familiar
doctrine ‘let the buyer beware’ is no longer ...
The notion of freedom of contract is a fundamental one that gives parties right to
incorporate any term they desire. As a result, contracts consist of terms to limit or exclude
liability of one party to the contract. ...
Compensating road accident victims adequately and satisfactorily in Sri Lanka is a critical
problem due to several factors.1 Primarily, ‘accidents’ do not involve the mental element
of the doer as it is a sudden an ...
Under customary international law it is deep-rooted that either direct expropriations or
indirect expropriations of property belonging to foreign direct investors should be
accompanied by the compensation owed by the ...
The scientific and technological progress of a country depends vastly on the government’s
actual approach towards promoting these factors. The right to development, a human right
of the people of a country which is ...