Law
http://ir.kdu.ac.lk/handle/345/3824
2024-03-29T14:32:20ZChallenges to property rights of women under the Sri Lankan legal perspective
http://ir.kdu.ac.lk/handle/345/1184
Challenges to property rights of women under the Sri Lankan legal perspective
Ranjan, Ebenezer; Menaka, Anno Helan
According to the prevailing patriarchal system in Sri Lanka, traditionally the male is designed as the head of the household regardless of whether he is the primary source of economic support or not. Females in families are marginalized. Now women have become economic actors in society and they have a new role to play to enhance family income in the face of economic hardship. Convention on Elimination of the All Forms of Discrimination against Women was ratified by the majority of the world's nations. One of the basic objects of this treaty is the equality of women and men. Despite many successes in empowering women, numerous issues still exist in all areas. Non-recognition of women's property rights have been identified as a major challenge for women's rights. In Sri Lanka 30% of women own property and 90% rural households in the North- East is female households. The research is mainly based on the literature review in relation to women's property rights under the General Law statutes of Sri Lanka. This research is particularly based on the 1978 Constitution of Sri Lanka, International Convention on Elimination of the All Forms of Discrimination against Women, statutes and academic expressions. Indian Constitution and the South African laws are cited to make recommendations to the challenges faced by women. Women have improved their role in society, but still, the laws discriminate women with regard to property rights of women and marginalizing their role persists. Also, women have been disadvantaged by centuries of customs, tradition and social practices and to ratify these discriminatory practices will take more than changing women's legal rights. Law is limited in its ability to effect social changes. Awareness should arise among lawmakers to protect women's legal rights, amend the present laws and prevent future laws which discriminate women's property.
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2013-01-01T00:00:00ZShould the Sri Lankan government develop a government-sponsored arbitration centre for the resolution of international commercial disputes? -An effort to make Sri Lanka a viable commercial hub
http://ir.kdu.ac.lk/handle/345/1182
Should the Sri Lankan government develop a government-sponsored arbitration centre for the resolution of international commercial disputes? -An effort to make Sri Lanka a viable commercial hub
Liyanage, K Chinthaka
One of the major objectives of Sri Lanka is to achieve economic prosperity after the end of decades long conflict that ravaged the country. The desire to achieve this objective is reflected through massive development programmes undertaken by the present government. It is also evident that these development activities have been designed with a view to promote and prosper in international trade, investment and transnational electronic commerce within the country with the ambition of becoming a major player in Asia. In order to achieve the expected economic and non-economic goals through the development activities, the existence of an effective dispute resolution mechanism is a must in any particular country. In fact, it is questionable as to whether the existing Sri Lankan national courts have been updated adequately from both legal and institutional perspectives to resolve international trade-related cross-border disputes. As an option to overcome the exiting drawbacks of the national courts, it is desirable to analyse and promote Alternative Dispute Resolution (ADR) mechanisms, especially international commercial arbitration for the resolution of such cross-border disputes. In order to substantiate the central argument of this paper, a two-pronged methodological approach is adopted, entailing a case study of Sri Lanka and related literature review. In support of this methodological approach, materials used have been gathered through the Internet and Law Libraries in Sri Lanka. This paper argues that the Sri Lankan government needs to develop an effective government-sponsored internationally viable commercial arbitration centre in Sri Lanka complying with the fundamental requirements which contribute to the development of an effective dispute resolution centre in an international setting in order to promote and prosper international trade and investment. The lack of attention to these fundamental elements can lead to diminishing the objectives of setting up of such an institution. Accordingly, the purpose of this paper is to develop international commercial arbitration-friendly culture in Sri Lanka and to make it a promising hub for providing effective dispute resolution mechanisms for both local and the international business community. Developing such a dispute resolution-friendly environment in the country will be a contributory factor in achieving the development goals of the government and becoming a hub in Asia from a commercial perspective. It is further believed that the leadership from the government is a crucial factor in achieving these overall objectives.
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2013-01-01T00:00:00ZAn analysis of the jurisdiction, duties and powers of an industrial arbitrator in Sri Lanka
http://ir.kdu.ac.lk/handle/345/1180
An analysis of the jurisdiction, duties and powers of an industrial arbitrator in Sri Lanka
Sarveswaran, A
The Industrial Disputes Act has been enacted to achieve industrial peace through maintenance of harmonious industrial relations. Industrial peace becomes increasingly important inter alia to attract investors and to provide the services essential to the life of the community. The Act provides mechanisms for settlement of industrial disputes which consist of collective agreement, conciliation, arbitration, industrial court and labour tribunal. Settlement of industrial disputes by conciliation is not always possible. In such circumstances, settlement of industrial disputes by arbitration becomes an appropriate method. The provisions of the Act confer jurisdiction, duties and powers on an industrial arbitrator to achieve its objective. However, the provisions of the Act provide a basic legal framework for arbitration. The question lies here is whether an industrial arbitrator is adequately empowered by the Act to settle industrial disputes in order to achieve the objective of the Act. Hence, the objective of this research was to explore the scope of the jurisdiction, duties and powers of an industrial arbitrator to settle industrial disputes. The research methodology adopted for this research was analysis of the provisions of the Industrial Disputes Act, decided cases, journal articles and text books. It is found that although the Act provides skeleton framework, creative role played by the Appellate Courts have provided flesh and blood to the skeleton. The wordings of the provisions of the Act, underlying just and equitable concept, judicial activism of the Appellate Courts and the combined effect of all expands the jurisdiction and confer very wide powers to an industrial arbitrator, subject to necessary safeguards, to perform his functions to achieve the objective of the Act. The powers of an industrial arbitrator are wider and flexible than the powers of a civil arbitrator or commercial arbitrator. It makes industrial arbitration an effective mechanism to settle industrial disputes which is essential to make Sri Lanka as a hub for investment in Asia.
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2013-01-01T00:00:00ZSri Lanka as hub of environment protection in Asia: constructing expressways while mitigating its environmental impact
http://ir.kdu.ac.lk/handle/345/1178
Sri Lanka as hub of environment protection in Asia: constructing expressways while mitigating its environmental impact
Liyanage, GIM
Expressways are seen as an important device to stimulate "economic development", an objective which states seek to achieve. However, development in most instances, as in the case of expressways, comes at the cost of environment. As a result, the subject of expressways has become a significant topic of discussion in the environment law arena. Despite this factor, there is no single-direct instrument dealing with the array of environmental concerns arising out of the construction and maintenance of expressways. These concerns however, could be brought under different international instruments. In this backdrop, the objective of this study to find out the various kinds of Environmental issues in a background of expressways construction process and to explore mechanism in mitigating environment impact within an such situation in Sri Lanka further to propose an effective mechanism, and comparative study will be done in order to minimize environmental problem and to improve the laws relating to this area or how to minimize these types of environmental issues in order to shelter environment. This research will be conducted as a literature review based on the secondary sources including statutes, text books, electronic data bases, journals etc. In order to ensure that the situation in Sri Lanka is understood in the light of the international developments in this regard, further this study engages in International Environmental principles as a whole. It is clear that there are several environmental issues occurring when constructing expressways. Such as air pollution, water pollution, soil pollution, deforestation, wildlife and noise pollution. These environment problems were addressed by several legislations in Sri Lanka. And at the moment we are having a mechanism in order to assess the environment harms when constructing such construction. These mechanisms are identified as procedural requirements under the National Environment Act in Sri Lanka. Through tracing the environmental issues that arises when constructing an expressway, this research expounded the protections guaranteed under national and international law. It is discernible that Sri Lanka has an adequate legal framework to mitigate the environmental impact in constructing expressways. However, the issue lies in its implementation. Furthermore, it is commendable that international standards relating to EIA and EPL in certain aspects have been absorbed in to the national system.
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2013-01-01T00:00:00Z