MANURAWA

LAW JOURNAL

SLLCHRM

The Manurawa Law Journal

The Manurawa Law Journal, which is a symbol of rich legal literature available not only to the legal fraternity but also to the lay person alike, is a hallmark event of the Law Students' Human Rights Movement. This highly acclaimed journal is considered as the best publication by any society of Law College and a staple of legal literature. Sitting and retired judges, Officers of The Attorney General’s Department, Leading Lawyers of the unofficial bar, Legal Academics and Law Students annually contribute articles, research papers, case notes and reviews of highest quality to the Journal.

2020 Publication
64 Articles
66 Authors
65 Downloads

The Law Students' Human Rights Movement

The Law Students' Human Rights Movement is one of the most prestigious student assemblies of the Sri Lanka Law College, endeavouring for the amelioration and enrichment of the Human Rights of the people of Sri Lanka.

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Message from Prime Minister Mahinda Rajapaksa on the Launch of the Manurawa Law Journal

" It is with great pleasure that I send this message on the occasion of the launch of the Manurawa Law Journal published by the Law Students Human Rights Movement. The Human Rights Movement of the Sri Lanka Law College is an active student body within the Sri Lanka Law College that works towards the protection, promotion and education of human rights and related subjects. It carries out valuable programs for the benefit of law students, including visits to the Parliament and prisons, and conducting guest lecturers of contemporary significance. The commitment and dedication of the Law Students Human Rights Movement have enabled it to traverse beyond the boundaries of the Sri Lanka Law College, empowering different segments of society, especially in the form of legal aid programs, legal awareness programs and publications. Through the Manurawa e-journal, the Law students Human Rights Movement has managed to create an important platform to promote the debate and exchange of ideas on a range of serious human rights issues. It is important to note that this legal literature is available not only to the legal fraternity but also to the lay person. Contributions of articles, research papers, case notes and reviews from eminent personalities such as retired judges, officers of the Attorney General’s Department, leading lawyers of the unofficial bar, legal academics and law students are sure to make this journal important reading for anyone with an interest in human rights. I take this opportunity to congratulate the editorial board and the committee members of the Law Students’ Human Rights Movement for their untiring efforts in making the publication of the Manurawa academic journal a success. I wish the Movement all the very best in their future endeavors. "

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Mahinda Rajapaksa

Prime Minister
The Democratic Socialist Republic of Sri Lanka

Message from the President Bar Association of Sri Lanka

" I am extremely pleased to pen this message to 'Manurawa 2020' journal published by the Law Student’s Human Rights Movement of the Sri Lanka Law College. At a time, when the entire world is compelled to deviate from our ordinary life style due to Covid19, it is commendable that the Human Rights Movement has decided to publish this magazine/journal. In the past, the Journal has published many high quality articles. I am personally aware that even the legal practitioners make reference to some of those articles for furtherance of academic learning. Legal literature forms an integral part in every legal system. I hope that this year Journal, would keep upto the high standards in the past. I wish the Law Student’s Human Rights Movement every success in their future programmes. "

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Kalinga Indatissa, PC

President
Bar Association of Sri Lanka

Message from the Patron

" As the principle of Law College and the Patron of the Law Students’ Human Rights Movement, it is a pleasure to contribute this message to the current issue of “Manurawa Law Journal 2020” published by the Human Rights Movement of the Sri Lanka Law College. The Human Rights Movement of the Sri Lanka Law College is an active student body within the College which works towards the protection, promotion and education of human rights and related activities. The “Manurawa” Law Journal, which is a symbol of rich literature available not only to the legal fraternity but also to the lay person alike. This journal consists of articles, research papers, case notes and interviews of high quality. It is not an easy task to publish a journal of this nature. I wish the Law Students’ Human Rights Movement all success and good luck in their future endeavours. Special thanks to the President and the Committee members for the good work done. Congratulations. "

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Indira Samarasinghe PC

Principal
Sri Lanka Law College

Felicitation Message by the Senior Advisor

" COVID 19, the virus had changed the scope of Human Rights, both in Sri Lanka and the world. Restriction of movement due to lockdown, Right to privacy due to exposure of people who got affected are some of basic human rights directly breached. Right to have employment is deprived or curtailed, due to lockdown specially of daily wage earners and ones who are retrenched due to over staff. Discrimination and thereby Right to equality is evident in Education, where lectures are conducted through Internet, where poor children without a computer, laptop or a smart phone cannot have access to such online education. But Educational programme conducted through television, had bridged the gap of education of town and village, rich and poor, National school and a remote school. “Manurawa” is a journal published annually by the Human Rights Movement. It is a high quality magazine with a wide range of articles in law, thereby enriching the legal literature. Deadly virus, COVID 19 had not affected the spirit of these young girls and boys, who initiated in publishing the E-Manurawa journal. I respect them for their determination and courage, as their Senior Advisor, I am proud of them, with the belief that future of preservation, enhancement of Human right is assured. "

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Prasantha Lal De Alwis PC

Senior Advisor
The Law Students’ Human Rights Movement

Message from the Hon. Chief Guest

" It is with great pleasure that I pen this message in the event of the online launch of Manurawa Law Journal – 2020. In spite of the dissemination of knowledge is always of paramount importance, it is particularly significant to publish literature on themes such as law and human rights outlining their relevancy and application to the contemporary society since the knowledge on such topics will help to establish a law abiding society comprised of citizens with legal literacy and healthy attitudes on their fellow human beings. The Human Rights Movement of Sri Lanka Law College, which works towards the protection, promotion and education of Human Rights and related subjects has taken the lead role in the great endeavour of publishing “Manurawa” Law Journal without being hampered by the pandemic situation created by the widespread of Corona virus, which crippled the normal activities of the people in our country and the entire world. The current volume of Manurawa contributes immensely to enrich the legal literature in Sri Lanka in an easily accessible form by providing a necessary platform to the lawyers, law students as well as to the general public who wish to achieve their thrust to pursuit of knowledge. Let me wish all the best for the authors of the very interesting articles published in the present volume and the officer bearers and the members of the Human Rights Movement of Sri Lanka Law College for this wonderful endeavour. I hope that this volume will lead to several volumes to be published in the years to come with more and more interesting research articles that bridge the knowledge gap in the legal literature on human rights. "

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Professor Wasantha Seneviratne

Attorney-at-Law,
Professor in Public and International Law,
Head, Department Public and International Law, Faculty of Law University of Colombo
Director ,Center of studies of Human Rights( CSHR ), University of Colombo ,
Member of constitution making of Sri Lanka

Message from the President

" As the incumbent president of the Law Students’ Human Rights Movement, it is with immense pleasure that I forward this message to the “Manurawa e-journal 2020” The annual launch of the Manurawa Law Journal has throughout the years been the hallmark event in the event calendar of the Human Rights Movement and hence it is with great commitment and dedication ,we strive to bring forward this rich source of literature every passing year. Though the initial expectations and plans with regards to the journal this year, were altered due to the unique challenge of Covid-19 pandemic, we were thoroughly determined to proceed in bringing out the best publication for the year with the timely adjustments as required. Hence,with lifted spirits and enthusiasm, for the first time in our history, we launch the Manurawa e-journal 2020, widening the scope and exposure of Manurawa. As a movement that believes in learning different facets of the field through hands- on experience, the Law Students Human Rights Movement conducts various programmes such as the legal aid programs, legal awareness programs, prison visits, parliament visits and education assistance programs throughout the year. Though all these projects require genuine hard work and commitment, our movement with an unwavering determination have fulfilled this great responsibility over the years. At this instance, I take this as an opportunity to extend my heartfelt gratitude to our patron Madam Principal Mrs. Indira Samarasinghe P.C. and our senior advisor Mr. PrashanthaLal De Alwis PC for the support and guidance given to us in making all of the afore mentioned projects a success. I also wholeheartedly thank the contributors of articles, sponsors, and well-wishers for the help extended in making this project a success. It is also my duty to thank the members of the previous committees and all other students who helped in numerous ways to the Law Students Human Rights Movement. Further I extend my gratitude to the students of the Law college and other unions in assisting us in our projects. Last but not the least, I appreciate my team of committee members for putting in thehard work, dedication and commitment in making every project a success. It would have been an impossible task to achieve the goals if it weren’t for the effort and support provided by each one of you. I extend my heartiest wishes to the Law Students Human Rights Movement for all the future endeavours. "

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Hashini Atapattu

President
The Law Students’ Human Rights Movement 2020

General Secretary’s Message

" It is a true honour and privilege to take over the reign as General Secretary of the Law Students’ Human Rights Movement 2020. When we took over the committee we, indeed, were having a plan to thrive it to the next phase while trying to follow in the footsteps of those who have gone before. Unfortunately due to the COVID 19 pandemic, we were unable to complete the valuable projects that we usually organize which are very well known amongst law students as being informative as well as effective. However, It gives me immense satisfaction that our committee could launch the prestigious Law Journal Manurawa with so many difficulties despite the long term locked down and the other consequences of the pandemic. I would like to extend my heartfelt gratitude to all who have been rendering their great support throughout the year. And especially to our committee members for providing their contribution in whichever way possible. I hope that the upcoming year committee will continue to organize all the events which are proudly possessed by our committee and I wish that the year 2021 may bring back normalcy and all the things we miss about day to day life. "

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Inshaff M. Sajeer

General Secretary
The Law Students’ Human Rights Movement 2020

Message from the Senior Editor

" Manurawa, the prestigious law journal by the Law Students' Human Rights Movement is a collection of law and human rights related articles which are usually penned down by Judges, Attorneys, Academicians as well as Law Students. This year is a special year in the history of the Manurawa Law Journal as it is launched as an e- journal. It is not a secret that 2020 has been a very challenging year for all of us due to the spread of the corona virus. But we did our best to carry out the heavy task of launching the Manurawa Law Journal. As responsible law students, we wanted to launch this journal in line with the health rules, therefore we decided to launch The Manurawa Law Journal this time as an e-journal. We believe this is a very good platform and it is not limited to a few but is also open to the international community as well. Further It is a great achievement for us to be able to add sixty - four articles to the journal. Many law students submitted their articles to us expressing their gratitude for the opportunity given to them by the Law Students' Human Rights Movement through the journal Manurawa . Moreover a large number of photographs were submitted by law students to the photography competition which was held in line with Manurawa and we are glad that we could reserve space for all of them in our e-journal. I would like to thank Mrs. Indira Samarasinghe PC, The Principal of Sri Lanka Law College, Mr. Prasantha Lal De Alwis, the Senior Advisor of Human Rights Movement, our valuable authors and the last year committee of The Human Rights Movement for the extensive support given to us in making this new challenge a success.. Finally, the Law Student Human Rights Movement is glad to bring to you this innovative experience and we believe our effort as a team set a good example in moving forward in the face of challenges. "

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Thilini Gamage

Senior Editor
The Law Students’ Human Rights Movement 2020


Articles

Acknowledgement

STUDENTS' ARTICLES REVIEWED AND SELECTED BY
DR. D.M. Karunarathne, Attorney-at-Law

PHOTOGRAPHY
The best entries selected by:
Eminent Photographer Mr. Ruvinda Isuru
Owner of the Ruvinda Isuru Photography
Software Quality Assurance Engineer at Tech One Sanje
Photographer at RedAnt Weddings

EDITORIAL COMMITTEE
Senior Editor
Thilini Gamage

Assistant Editors
Gayan Sanjaya
Nethmi Malawiarachchi

COMMITTEE MEMBERS
Ashani Ellepola
Oshadi Ramodi
Pavithra Madhushani
Ruwani Maduhansi
Dhilmini Hasintha
Abdul Rahman
Rahul Perukanda
Hansini Tharanga
Ridmi Rupasinghe
Gayeshan Jayasundara
Rozanne Fernando
Shenal Kaushika
Udani Dissanayake
Bilal Marikkar
Raveen Seneviratne
Sachith Rodrigo
Hasini Wijeyakon
Damitha Wickremasinghe
Fatima Shuhadha
Archanath Dickwella
Trishan Perera

SPECIAL THANKS GOES TO
Sandeepa Lokubaranige
for assisting us in launching the Manurawa e-journal 2020

THE POSITIVE AND NEGATIVE EFFECTS OF BILATERAL AND REGIONAL INVESTMENT TREATIES ON INTELLECTUAL PROPERTY

Investment treaties on intellectual property are agreements between countries to attract foreign direct investment by exploitation of intellectual property while providing benefits which are subject to the agreed terms and conditions. These treaties encourage investments between states and non-governmental organisations.There are different types of investment treaties like bilateral, multilateral and regional. This study analyses the positive and negative effects of bilateral and regional investment treaties on intellectual property, and provides recommendations to minimise the issues therewith.

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Keerthi Kumburuhena

CHILD RIGHTS IN SRI LANKA THE GAP BETWEEN THEORY AND PRACTICE

It was Nelson Mandela who said: “There can be no keener revelation of a society’s soul than the way in which it treats its children.” On 12th July 1991 Sri Lanka ratified the UN Convention on the Rights of the Child. Sri Lanka had already recognized the inextricable link between needs and rights, the indivisibility of rights and the importance of responding need of children within a right based contextual framework. A short time later the Children’s Charter was promulgated incorporating the accepted commitments under the Convention.

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Indira Samarasinghe

CORPORATE BODIES AS INSTRUMENTALITIES OF THE STATE AND THE JURISDICTION OF THE SUPREME COURT

Article 12 (1) of the Constitution of Sri Lanka provides and guarantees to all persons the equality before the law as well as the concomitant right of equal protection of the law. In the case of Jayanetti Vs. The Land Reform Commission1 Wanasundara J held that: “The rule of law was a fundamental principle of English Constitutional Law and it was a right of the subject to challenge acts of the state from whichever organ it emanated and compel it to justify its legality. It was not confined only to Legislation but intended to every class and category of acts done by or at the instance of the State. That concept is included and embodied in Article 12”.

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Chandaka Jayasundara

BURDEN OF PROOF IN CRIMINAL CASES

Inception with comparing inquisitorial system. In studying the numerous legal systems utilized by different localities all over the world, basically two trial systems can be identified. They have popularly gained recognition as the adversarial system and the inquisitorial system of trials. As in most common law countries Sri Lanka has opted for the adversarial system of trials.

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Srinika Raigamkorale

ADDRESSING THE IMPERIAL PROMISE OF PROTECTION IN THE 19TH CENTURY INTERNATIONAL LAW: THE CASE OF KANDYAN KINGDOM IN CEYLON

The whole notion of “protection” in 19th century international law has been an interesting topic for the scholars those who want to explore the historiography of modern international law from an apologetic point of view as 19th century was known as an epoch for imperialists for legitimizing the colonial expansion. The universality of international law was eclipsed by positivism that pervaded in the whole domain of 19th-century international law. (Anghie, 2005) The idea of universality in international law propounded by the pioneers of Salamanca School in the 16th century by reformulating the importance of natural law doctrine was scorned and reversed by the 19th-century positivists

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Punsara AmarasingheRadheeka Weerakoon

SPECIAL CHARACTERISTICS OF THE PARTITION ACT: AMENDMENT OF THE PLAINT AFTER RETURNING THE PRELIMINARY SURVEY IN A PARTITION ACTION

Co-ownership of the undivided land is a major land dispute in the scenario of Sri Lankan land Law. A Partition action is the mostly recommended mechanism to terminate the co-ownership among all the co-owners by the intervention of judiciary. The partition law had been introduced through British legal system by way of a Partition ordinance No 10 of 1863 which is an instrument to end-up the co- ownership. In additionally drafting a Partition deed among all the co-owners is another mechanism of terminating the coownership, but if there is a lack of intention of following the agreement to divide the land, the partition action is the only solution to terminate the Co-ownership. According to the No 16 of 1951 Partition Act, a separate procedure had been introduced to conduct a partition action.

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Asanka Kahandawa Arachchi

INTRODUCTION TO BIO-PIRACY AND EXISTING LEGAL MECHANISMS RELATED TO PROTECTION OF BIOLOGICAL RESOURCES IN SRI LANKA

Decades ago significant attention was paid on conservation and utilization of biological resources but, with the recent developments and the technological transformations, the discussions relating to the ownership of biodiversity related practices, knowledge and the inventions derived from biological materials have become a significant area of interest in the contemporary world. With the up-to-date changes in the world, the necessity to prevent the environmental crimes and preserve the rich diversity of the world's natural resources have become an important feature of sustainability and it is one of the most challenging problems facing by the governments.

Full Article
Yasmada Lakshari Lokunarangoda

UNIVERSAL FRANCHISE AND THE CIVIL SOCIETY’S ROLE IN PROTECTING DEMOCRACY (A STUDY OF SRI LANKAN POLITICAL CONTEXT)

Democracy literally means ‘rule by people’, though, in fact, only the elite class had the right to rule and participate. Up to now there is still no consensus exists on how to define democracy. There is merely the identification of the core elements which are legal equality, political freedom and rule of law. Hence, the lack of a unanimous definition of “democracy” leads to the diversified interpretation, implementation and gaps. In many countries, the definition of democracy has been contested and interpreted differently. Some believe that having merely an election is enough to be democratic while some believe that there are many more democratic values such as respect the minority, rule of law, political freedom and so forth in order to be considered as democratic.

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Ishara M. Jayasena

RIGHT TO BE A PARENT IN SRI LANKA; ADOPTION, ABORTION, SURROGATION & ARTIFICIAL INSEMINATION

Humans are yet another spices living on Earth. Even though the civilization along with the development of skills and technology vary humans from other animals, the basic purpose of living beings remains the same; That is reproduction. The only preliminary way of becoming a parent is the process of natural reproduction. Yet, with the complicated lifestyles of mankind and the different forms which have been emerged to the concept of family, the way of becoming a parent no longer depends on the basic natural reproduction system.

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Sularika Wickramatunge

THE APPLICABILITY OF DYING DEPOSITION IN CRIMINAL CASES

Dying Declaration has based on maxim called “Nemo moriturus praesumiur mentire”; man will not meet his maker with a lie in his mouth. In R V Pike1 the court held that "when the person at the point of death and when every hope of this world is gone, the mind is induced to tell the truth and it is equal to the evidence given in a court of justice under an oath”.When a person badly injured and near the door of death, is uttering facts about his death or any other circumstantial facts about the perpetrator is called “dying deposition/dying declaration”.

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Aruni H Wijayath

PRIVACY AS A RIGHT: IS SRI LANKA THERE YET?

Invasion of personal privacy became a more frequently and widely discussed topic in Sri Lanka, in the aftermath of the Easter Sunday attacks in 2019, as well as during the curfew lockdown and quarantine process that took place during the outbreak of the CoVid 19 pandemic in 2020.

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P.A.Niroshan Pathberiya

ANALYZING THE ENFORCEMENT OF CAPITAL PUNISHMENT UNDER THE PERSPECTIVES OF NATURAL LAW THEORY, LEGAL POSITIVISM AND SOCIOLOGICAL SCHOOL OF LAW

Unlike the subjects of natural science, ‘law’, as a social science subject does not show one exact idea for its concepts. One single legal concept may have number of interpretations which are delivered by variety of jurists. Gradually, deferent philosophical ideas with regard to legal matters were presented and they developed as school of thoughts, Because of that nature, the area called jurisprudence has been developed over ages.

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W. Mihiri Madhushika Karunarathne

THE LEGAL REGIME GOVERNING THE INFORMATION COMMUNICATION TECHNOLOGY IN SRI LANKA

ICT is made up of certain basic elements. The elements have all been present since the birth of the technology, but their relative significance and their visibility are still changing. The elements are automation, information, communication, integration, and sensation

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K. A. A. N ThilakarathnaNisanka Jayarathne

MAKING RIGHTS REAL; EMPOWERING OPPRESSED CHILDREN THROUGH HUMAN RIGHTS EDUCATION IN SRI LANKA; A PATHWAY TO DIGNITY

Despite race, religion and color differences all children inherit equal access for Right to Education. Though it is a universally accepted human right, philosophers from cultural relativist schools criticize the concept of ‘universality,’ due to geo-political realities.

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Keshani Imesha Hettiarachchi

THE LEGAL REGIME GOVERNING THE INFORMATION COMMUNICATION TECHNOLOGY IN SRI LANKA

Jurisprudence is measured as the basis of all forms of law in the world. A lot of philosophers, political thinkers have contributed to the development of schools of thought related to a particular time period. We can't deny any of such thoughts because each school has its own validity and merit. Therefore, it is our responsibility to understand each and every school of thought with regard to the legal issues in the current situations.

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M.M.F.Zihara

INVESTIGATION OF TITLE AND PARTITION LAW

Volumes have been penned down, on the latter above, the partition law (procedure) and the celebrated, much sought after decided authorities delivered at times; by the Supreme Court and the Court of appeal as well are overwhelming as at the date .Therefore the present day practitioner and the student is not any more materially handicapped, as far as practicing and learning the partition law is concerned.

Full Article
Kamal Udugampola

PROTECTING TRADITIONAL KNOWLEDGE IN SRI LANKA: A FIGHT AGAINST BIOPIRACY

The precise definition of traditional knowledge (hereinafter referred to as TK) is still a debate. The Convention on Biological Diversity (hereinafter referred to as CBD) reflects the diverse nature of TK when it refers to it as “…knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles…” It has been suggested by WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (hereinafter referred to as IGC)

Full Article
Idunil Kumari Ratanasinghe

HOW SRI LANKA SHOULD RESPOND TO THE THREAT OF “FAKE NEWS”

From the inception of Declarations to Treaty based mechanisms to protect human rights, Freedom of Expression (FOE) was considered as an inevitable international customary law among states, which was subsequently adopted by many other United Nations treaties, Regional Conventions, and to national legislations by many states.

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Dinuka Cooray

EVALUATING THE “PUBLIC POLICY” WITH JUDICIAL INTERVENTION IN INTERNATIONAL COMMERCIAL ARBITRATION PROCESS IN SRI LANKA AND MECHANISMS TO DEVELOP SRI LANKA AS AN INTERNATIONAL COMMERCIAL HUB

Arbitration is perhaps the oldest form of dispute resolution, and it probably pre-dated litigation. It has been used by ancient civilizations from time immemorial to resolve disputes and to preserve the peace. Evidence of its use as an institutionalized form of social control and dispute resolution can be found as early as about 3,000 B.C. in Egypt, Babel and Assyria.

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Sashini Wijesinghe

“THE MYTH OF INTERNATIONAL HUMANITARIAN LAW FROM AN EARLY STAGE TO CONTEMPORARY CHALLENGES”

“International humanitarian law is a part of the body of international law that governs relations between states. It aims to protect persons who are not or are no longer taking part in hostilities, the sick and wounded, prisoners and civilians, and to define the rights and obligations of the parties to a conflict in the conduct of hostilities1 . When considering the relevancy of the law, it is important to control and minimize the damage which is caused by the current and future armed conflicts.

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Uditha Sampath Gunathilaka

THE APPLICATION OF ELLENBOROUGH DICTUM IN THE CRIMINAL JURISPRUDENCE OF SRI LANKA

There are many areas of Substantive law and Adjective law. Substantive law mostly concern with rights, duties, and liabilities of persons. Criminal Law, Family law, International Law are included in this category. On the other hand, the law of procedure and the law of evidence are included under Adjective Law. These laws defined pleadings and procedures through which these substantive laws are implemented. Therefore, the Law of Evidence is considered as an important element in Criminal Law.

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A.S.Hibathulla

THE LEGAL REGIME OF CYBER CRIMES IN SRI LANKA

Today, you and I live in an age where electronic devices and computers play a significant role in the advancement of our lives. While having an impact on the various aspects of our daily practices, information technology has made a difference in the fields of education, commerce, business, communications, governance and banking. However, the use of computers and electronic devices has not been very healthy in the recent past and present.

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J. G. Sadini Rumeshika

GREENING THE CHAPTER III OF THE CONSTITUTION OF SRI LANKA: A LEGAL PERPECTIVE IN THE LIGHT OF RIGHT TO HEALTH

‘Right to a clean and healthy environment’ is a predominant legal entitlement of the world nation and the protector of basic human rights including ‘Right to health.’ This is basically due to the fact that, there is interdependence between the rights. The paper emphasizes the importance of incorporating the ‘Right to clean and healthy environment’ as a fundamental right in the constitution of Sri Lanka.

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Ayodhya Prabhashini Rathnayaka

LAW RELATING TO AMENDMENT OF PLEADINGS

In a civil action, pleadings include plaint, answer and, in the event, answer contains a claim in reconvention, replication. Law permits to amend these pleadings in limited circumstances, within a specific period. The law relating to amendment of pleadings is set out in Section 93 of the Civil Procedure Code. Section 93 has been replaced by Act No 79 0f 1988 and Act No 09 of 1991. Thus, the replacement brought to Section 93 by the Act no 9 of 1991 is now in force.

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Malsha Kodithuwakku

THE NEED FOR RETHINKING ABOUT ENVIRONMENTAL PROTECTION AND HUMAN RIGHTS

There is a mutual connection between Environmental rights and human rights. A safe, clean and healthy environment is essential to the enjoyment of human rights, including the right to life, right to healthy environment and right to health. The linkage between these two approaches has recognized in various international and regional instruments including United Nations Human Rights Council's resolutions.

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W.K.M. Singhadewa

නූතන බන්ධනාගාර ක්‍රමය සහ සිරකරු අයිතින්

Full Article
චමික ඉඳුවර ගුරුගේ

THE EVOLUTIONARY DEVELOPMENT OF THE CONCEPT OF HUMAN RIGHTS WHICH INFLUENCED BY DIFFERENT RELIGIOUS PERCEPTS AND THEIR CONTRIBUTION TO THE UNIVERSAL RECOGNITION OF THE PRINCIPLES OF EQUITY AND NON-DISCRIMINATION

This paper discussed about the Historical influence of religion on the development of law and justice. Separation of church and state, the rise of secularism. Religion as influencing the Human Rights movement: positive and negative aspects. Fundamental values of religions versus organized religion in the development of the Human Rights discourse.

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Dinuthri Amunugama

SOME LEGAL ASPECTS OF “COMPANY CONTRACTS”: REFERENCE TO COMPANIES ACT NO 07 0F 2007

A contract can be simply defined as a legally enforceable promise between two or more parties. Contracts plays a significant role in business world, as most of the time, when it comes to companies, apart from the company employees, one company is depending on the services provided by another company.

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C.V. Liyanawatte

JURISPRUDENTIAL PERSPECTIVE ON THE RENAISSANCE IN THE INFLUENCE OF MARX GLOBALLY AT THE MOMENT

As Karl Marx noted, Capitalism teaches a man to fish, but the fish he catches aren’t his they belong to the person paying him to fish, and if he is lucky, he might get paid enough to buy a few fish for himself. Accordingly, Marx suggested, “Let the ruling classes tremble at a communist revolution. The proletarians have nothing to lose but their chains. They have a world to win…workingmen of all countries unite” .This article would cause a jurisprudential insight towards the renaissance in the influence of the Marxist theory in the 21st century despite it being welcomed as far as back in the 19th century.

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Dulmini Kulatilake

STOP SAYING “I AM WHAT I AM TODAY BECAUSE I WAS HIT” CORPORAL PUNISHMENT – IS IT NECESSARY TO DISCIPLINE YOUR CHILD?

Haven't you ever got punished in the school or house? Haven't you ever kneel down in front of the class room or principal's office for not doing home works or for getting late to the school. Duster filled with white chalk powder! Remember? Scariest weapon of the Maths teacher.

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S. Rashmi Balama

‘AN ACCUSED’S TALE OF WOEBENEATH THE GLASS CEILING’: A LEGAL DISSECTION

Born as a human being well equipped with human rights, it could be heinous to distort the rights of another by committing a socially unacceptable act against humanity. Yet, the sanctum of justice reserves a place for this being, a glass box in which he stands, exposed to the world, offered with an opportunity to unveil his unsworn tale of woe, whose authenticity is only known to the conscience of this very being. The under lying notion of this is that how distasteful the individual is, the justice system will never denigrate the rights he has as an accused.

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Zamzam Ismail

NUCLEAR WEAPONS ; THE RAIN OF DEATH

It was the final year of world war ii . On 6th of August 1945 ,Japanese civilians woke up with sorrowful minds. They have suffered a lot during this 6 years. Farmers, fishers and other civil workers were spending a tough time period. Japan had lost so many young lives due to this war , Most of the parents had lost their children. Some were wounded. Among all these tragedies they were asked for an unconditional surrender. But, Japan refused to surrender and the war continued.

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M.K.Lochana Thilini

THE CONSTITUTIONAL RECOGNITION OF THE RIGHT TO CLEAN ENVIRONMENT UNDER 1978 CONSTITUTION OF SRI LANKA: A REVIEW WITH REFERENCE TO CHUNNAKKAM POWER PLANT CASE

Human life is heavily depended on the sustainability of the environment. Therefore, the right to clean environment has been recognized as one of the main aspects in the human rights context. Some countries have provided an explicit reference to the right to clean environment in their constitutions while other countries have recognized this right through the judicial interpretation of the existing constitutional provisions like equality before law and right to life.

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P.K. Manawa Nanayakkara

AN ANALYSIS OF THE ADEQUACY OF LAW RELATING TO HIRE PURCHASE IN SRI LANKA; WITH SPECIAL REFERENCE TO THE CONSUMER PROTECTION

With an increasing demand for a better life, the consumption of goods and services has been gradually raised. However, the increasing demand has not been backed up by adequate purchasing power, which transforms it into an effectual demand (Mukharjee and Hanif 1998). As a result of that, a market has been created for hire purchase (hereafter referred to as HP) system. HP is one of the most commonly used methods to purchase goods on credit. The foundation of HP agrees to purchase goods in instalments over some time.

Full Article
Yanaka Yamithra Ranaweera

AN EVALUATION OF SRI LANKAN LABOUR LAW STANDARDS IN LIGHT OF THE CONVENTIONS OF INTERNATIONAL LABOUR ORGANIZATION

International Labour Organization (ILO) is the UN specialized agency dealing with work and workplace issues, labour related rights and standards. Its goal is to achieve decent work for everyone benefits from working conditions that offer freedom, equity, security and human dignity. In working towards this goal ILO has certain principal objectives; to promote and realize standards, fundamental principles and rights at work, to create greater opportunities for women and men, to secure decent employment, to enhance the coverage and effectiveness of social protection for all and to strengthen the relationship between workers, employers and governments and encourage social dialogue.

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W. Aruni Indira Senarathna

නාදුනන මළසිරුරු සම්බන්ධව සිදු කෙකෙන පශ්චාත් මෙරණ පරීක්ෂණය

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කෞශල්‍යා අබේසිංහ

LAW RELATING TO COMPUTER CRIMES; IS IT EQUAL IN SRI LANKA AND UNITED KINGDOM?

With the passage of time, social, cultural, economic and behavioral patterns of people Started to change and as a result, level of intelligence of people too started to improve and this made them to engage in experiments which further led innovations. These innovations introduced equipment with high technology and subsequently computers were made to meet challenges of the developing world.

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A. S. Samarakoon

ඉඩම් හා සම්බන්ධ ත්‍යාග පිළිබඳ නෛතික තත්ත්වයේ ඉතිහාසය හා බලවත් අකෘතඥතාවය මත ත්‍යාග අවලංගු කිරීම

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මධුප දිසානායක

THE “TIMOROUS SOULS” AND “BOLD SPIRITS” – THE ROLE OF LORDS AS “GODS” IN ENSURING RIGHTS OF THE CITIZENS

In terms of the Article 3 of the Constitution of the Democratic Socialist Republic of Sri Lanka, “In the Republic of Sri Lanka sovereignty is in the people and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise.” (Constitution of the Democratic Socialist Republic of Sri Lanka, Art. 3) The concept of ‘Sovereignty of the People’, which is considered as the foundation of our second republican Constitution of 1978, ensures that all the governmental powers are derived from the people, and thus all the governmental agencies, legislative, executive and judiciary, are answerable to the people.

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N. M. W. K. Nawinna

බලතල බෙදීම සිද්ධාන්තය 1978 ආණ්ඩුක්‍රම ව්‍යවස්ථා සංදර්භය ඔස්සේ පිරික්සීම

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ශ්‍යාමිත් වෙඩිසිංහ

THE UNNOTICED BEAST, ANALYSIS ON THE AIR POLLUTION CAUSED BY THE PORT CITY PROJECT

Planet Earth, the only planet capable of harnessing life form in this solar system, consists of an ecosystem suitable for the survival of both humans and other species. Sri Lanka, being an island nation on this blue planet holds many treasures that were given to mankind by nature. The value of these natural resources that we depend on wasrecognized for its importance not only by ArahathMahinda but many other previous kings, great warriors and people of ancient Sri Lanka.

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Hansini Aloka Pallegama

SITUATIONS LIKE COVID-19 AND STATE RESPONSIBILITIES ON IMPLIED RIGHTS FOR COMMON MAN

As we all as human being we are facing happiness and sadness together in our life. As because of the world order we must face everything as human. It is impossible one without another. When it comes in case of Corona Panic, it has its own logic. The fact that in the UK, due to the corona virus panic, even rolls of toilet paper disappeared from stores reminds a strange incident with toilet paper from socialist Yugoslavia. Suddenly, a rumor started to circulate that there was not enough toilet paper in the stores. Authorities quickly promised that there was enough toilet paper for normal consumption and, surprisingly, these were not only true, but most people even thought it was true.

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A.M.A Mahees

THE ‘TORT’ OF DEFAMATION

Most Sri Lankans are aware of the term ‘Defamation’. We might have heard about it on the news when a politician saying that he or she would sue someone over a million rupees because the latter politician had said something about the former which is offensive or unpalatable.

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Ashvini Prabakaran

PROMOTING THE RIGHT TO EDUCATION FOR REFUGEE CHILDREN

With the increasing number of refugees worldwide, children represent more than half of the refugee population. Though childhood is a critical period of accelerated growth and development, most of the refugee children experience traumatic experiences and disrupted education. As highlighted by the United Nations High Commissioner for Refugees, the education of refugees is in crisis. Nevertheless, it is to be noted that access to quality education for refugee children determine the future of young refugees and has the potential to transform their lives.

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M. C. Subasinghe

ශ්‍රී ලංකාවේ පවුල් නීතිය තුළ පවතින නීති පිළිගැටුම් හඳුනා ගැනීම සහ ප්‍රතිකර්ම නිර්දේශනය

Full Article
ප්‍රිනීතා බණ්ඩාරනායක

A MUCH NEEDED AMENDMENT TO THE TRUST ORDINANCE

The concept of trusts was developed in England, through the concepts of equity. According to the opinion of George W Keeton, the British law professor," Law of Trust is the golden creation of equity". And Lord Lindley has affirmed, "a trust as equitable obligation to deal with the property in a particular way". This concept of law arrived Sri Lanka via English law.

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Sachintha Randil

මරණ දඬුවම ක්‍රියාත්මක කිරීමෙන් බල අපරාධ අවම වේද?

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සජීව විමුක්ති මීගහවත්ත

CONTEMPORARY ISSUES IN TRADEMARK LAWS IN RELATION TO THE INTERNET (DOMAIN NAMES) WITH REFERENCE TO BRITISH JURISDICTION

The introductory chapter will provide you a basic idea on the definition of Trademarks and its infringements with reference to the British laws. Along with this idea this article will take lead to provide an idea about the contemporary issues raised along with the globalization in relation to the Trademark laws. Further this area is narrated focusing the infringements that happen through the internet (domain names) and the law is based on the British jurisdiction.

Full Article
Nethmie Yuwanika Ranasinghe

RIGHT TO EDUCATION AS AN ECONOMIC, SOCIAL, CULTURAL RIGHT IN SRI LANKA

This report explores the economic, social, cultural Right to Education in Sri Lanka. The report begins with an analysis of the Right to Education in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Then the report analyses the Right to Education as an ESCR in the South African and Colombian jurisdictions followed by an analysis of the Right to Education in Sri Lanka. Subsequently the report focuses on the international obligations undertaken by Sri Lanka pertaining to ESCRs and the judicial activism in incorporating international standards pertaining to the Right to Education in Sri Lanka.

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Maldini Herath

භාර සංකල්පයේ යෙදීම හා සංවර්ධනයට 1917 අංක 09 දරන භාර ආඥා පනත පිටිවහලක් වී තිබේද

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චතුර ගයාන් දසනායක

ළමා ශ්‍රමය හා සම්බන්ධ ශ්‍රී ලංකාවේ නෛතික තත්වය ප්‍රමාණවත්ද?

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එරංගා දි‌සානායක

හක්ගල රක්ෂිතයේ ඉරණම නීති විද්‍යාත්මක ඇසින්

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M. A. කාංචනා ෂෙහානි

ජාත්‍යන්ත‍ර කම්කරු සංවිධානයේ හරයාත්මක ප්‍රඥප්තීන්හි ප්‍රතිපත්ති කෙතෙක් දුරට ශ්‍රී ලාංකික කම්කරු නීති හා සෙසු ශ්‍රම ප්‍රමිතීන්හි අන්තර්ගත ද ?

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අස්zරා බශීර්

A TEST OF LEGITIMACY: THE VALIDITY OF THE PRINCIPLE OF CONSTITUTIONAL AUTOCHTHONY IN CONTEMPORARY CONSTITUTION MAKING WITH SPECIAL REFERENCE TO SRI LANKA

‘Autochthony’ can be identified as an exception to the generally unpredictable experiment of constitution making which came up with the desire of the dominions following Ireland or newly independent countries to be completely free from the political and legal clutches of the British Empire and create their own constitutions (Delan 1957). Political leaders of these countries with the influence of lawyers who perceived true independence to be the Constitution having homegrown roots promulgated autochthonous constitution making procedures in their countries.

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U.V.A.P. Kalpashaka

PROTECTING THE FREEDOM OF EXPRESSION AND MEDIA FREEDOM UNDER COVID-19

As the novel coronavirus has reached nearly every country on earth, there has also been mass circulation of falsehoods that have spread as fast as the virus itself. These lies have helped pave the path for the infection, and they have sewn mayhem in how societies are responding to the pandemic. Recognizing the danger, United Nations Secretary-General António Guterres has warned that “our enemy is also the growing surge of misinformation” (Journalism, press freedom and COVID-19, 2020).

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Anushka Pathiraja Weerakkodi

STREET HARASSMENT

‘Street harassment’ is a form of harassment. Primarily, sexual harassment, is use of unwanted comments, gestures, honking, catcalling, touching by strangers in public areas such as; streets, shopping malls, public transportation and rape. This study attempted to understand street harassment in Sri Lanka. Interviews were conducted using women between the ages of 18 and 50 years to understand the nature of harassment they faced.

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K.H.H.N Silva

සියදිවි නසා ගැනීම නෛතිකමය සහ සමාජවිද්‍යාත්මක ඇසින්

Full Article
අචල තාරක

IMPLEMENTATION OF THE LAW ON SOLID WASTE MANAGEMENT IN SRI LANKA

Sri Lanka is a beautiful island in the Indian Ocean. Though it is true, there are some deleterious factors which caused to destroy that beauty. Among them disposal of solid waste is a major environmental issue. At present in Sri Lanka, it has become a national concern. Therefore management of solid waste is essential to overcome the problems related to solid waste.

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Pavithra Herath

ONE IS NOT BORN, BUT RATHER BECOMES A WOMAN

According to Simone de Beauvoir, on her book the “Second sex”, “woman” is a concept created rather than biologically, psychologically determined. It is a construct depending on existing cultural viewpoints, stereo types, social stigma of communities which will limit and bound the female to a certain scope expecting herself to block her freedom, ironically freedom for her is a locked cage.

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Sachini Handapangoda

HUMANS VS RIGHTS AND ARE HUMANS RIGHT?

As history with scientific evidence says we humans are six million years old and the modern form of humans only evolved about 200,000 years ago. If you as a one human being on this planet earth, took a long deep dive into the history of millions and millions of years of earth there’s no way of denying we humans are not that old. As we know civilization is only about 6,000 years old, and industrialization started in the earnest only in the 1800’s. Days after days mankind walked into many eras of development.

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Theekshana Ranaweera

නීතියෙහි අනාගතය?

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ලහිරු මාධව වීරසිංහ

CONTEMPORARY ANALYSIS ON DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN SRI LANKA

Intellectual property can be defined as creations new ideas of the mind: inventions; literary and artistic works in such examples as record labels, musical piece; and symbols etc. Intellectual property can be furthermore divided into four major categories: Namely Copyrights, Trademarks, Patents and Trade Secrets. Intellectual Property law governs the infringement of above said areas in order to allow original creators to get benefited from their work and keeping them motivated for further endeavors.

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Viduravi Liyanage

සයිබර් අවකාශයේ අපරාද : සමාජීය බලපෑම හා නෛතික රාමුව

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රාහුල් පේරුකන්ද

WHY IT IS ESSENTIAL TO HAVE AN AMENDMENT TO THE ABORTION LAW IN SRILANKA

Most people concur with the abortion or disagree, and few people are dubious. One side those who call themselves ‘pro-life’. They say that intentionally causes abortion is always wrong, although it may on very rare occasion. on the other side those who call themselves ‘pro-choice’ or ‘supporters of abortion rights’, and who regard intentional abortion as acceptable in some circumstances.

Full Article
S. Asvinijaa

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Photoesque

The Law students' Human Rights Movement of Sri Lanka Law College annualy organizes Photoesque, photography competition to exhibit the photography skills of law students which is opened to every law students of all Law institutions.

Winners of Photoesque 2020

Prabath Rajapaksha

Freedom is the Breath of Life

M.N.A. Nazeef

Freedom is the Breath of Life

Ashani Ellepola

More Equality More Hope

M.N.A. Nazeef

More Equality More Hope

Ashani Ellepola

Humanity

Gayani Rathnasekara

Humanity

Nethmie Ranasinghe

Love is a Human Right

Sadanya Gnanamoorthy

Love is a Human Right

Freedom is the Breath of Life

Apoorwa Nanayakkara

Dineth Gunasekara

Gayani Rathnasekara

V.S. Premasiri

Nethmie Ranasinghe

Nethmie Ranasinghe

Nethmie Ranasinghe

Prabath Rajapaksha

Sadanya Gnanamoorthy

Theekshana Ranaweera

More Equality More Hope

Apoorwa Nanayakkara

Dineth Gunasekara

Gayani Rathnasekara

V.S. Premasiri

M.G.M.H Dinushani

M.N.A. Nazeef

Humanity

Apoorwa Nanayakkara

M.G.M.H.Dinushani

Nethmie Ranasinghe

Sadanya Gnanamoorthy

Love is a Human Right

M.G.M.H.Dinushani

Nethmie Ranasinghe

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