https://ir.kdu.ac.lk/handle/345/3810 Wed, 08 Apr 2026 19:41:13 GMT 2026-04-08T19:41:13Z https://ir.kdu.ac.lk/handle/345/7622 Examining the Adequacy of Laws to Ensure the Protection of Human Rights in Business Corporations: Sri Lankan Perspective Aluthge, Dilantha; Rajapaksha, Kavinga; Balasuriya, Hansika This article explores the State’s responsibility in monitoring businesses that violate human rights, with a focus on Sri Lanka’s legal framework. States are obligated to uphold human rights nationally and internationally, transcending cultural relativism. This study will follow the doctrinal research methodology and will analyze the infringement of human rights by businesses within the established realm of International Law, referencing key treaties like International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic ,Social and Cultural Rights (ICESCR), and European Convention of Human Rights (ECHR) to recognize the state responsibility in monitoring businesses that violate human rights. John Ruggie’s Guiding Principles on Business and Human Rights ,endorsed by the UN Human Rights Council in 2011 provides a global framework for governments and businesses, outlining their roles and responsibilities. Examining the legal landscape in Sri Lanka, the article reviews constitutional law, specialized legislation, and judicial activism guided by the Doctrine of Public Trust which focuses on the relationship between businesses and human rights. Business activities, vital for development, are regulated by laws including the Company Act, Environmental Law, and ESG Law. Violations lead to prosecution under the Penal Code, emphasizing the State’s duty to scrutinize businesses infringing on human rights. In conclusion, this article highlights the State’s pivotal role in overseeing businesses, ensuring adherence to national laws, norms, and regulations, and upholding individual rights while focusing on international conventions, judicial decisions and general principles of law. Fri, 01 Mar 2024 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/7622 2024-03-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/7621 Rethinking the Compatibility of Sri Lanka’s Trust Law with Modern Needs: Three Essential Recommendations to the Trusts Ordinance Prabhath, Isuru; Ratnam, Nishandeny The Trust law evolves over time, adapting to contemporary needs. In the pursuit of equitable development, many countries make use of trust concepts. In contrast, Sri Lanka’s Trusts Ordinance No.9 of 1917 remains entrenched in the past, reflecting outdated English legislation. This stagnation persists despite scholarly critiques identifying its shortcomings. This article seeks to address this issue by providing essential recommendations to modernize the Trusts Ordinance. Specifically, it advocates for a paradigm shift in charitable trusts to encompass environmental and animal welfare concerns, calls for a more inclusive approach in constructive trusts that recognizes non-pecuniary contributions, and proposes the integration of trust principles into the commercial landscape to foster economic progress. These recommendations draw inspiration from comparative jurisdictions, specifically the legal frameworks of the UK, Australia, and Canada. By undertaking these proposed reforms, Sri Lanka can better align its trust law with contemporary global standards, promoting equitable development. Fri, 01 Mar 2024 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/7621 2024-03-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/7620 The Role of Environmental Impact Assessment Report in Ensuring the Sustainable Development in Sri Lanka Samaradiwakara, Sujatha National Environment Act evolved in order to ensure and guarantee that the development projects are carried out in compliance with the notion of sustainable development. The Amendments to the National Environment Act, Amendment No 56 of 1988 and the Amendment Act No 53 of 2000 Part IVC titled approval of projects introduced a special criteria for approval and grant of license to implement and embark on the development projects which has a huge impact on the environment. Environmental Impact Assessment Report (EIAR) / Initial Environmental Assessment Report (IEAR )is a mandatory requirement which should be submitted by the project proponent to the project approving agency if he is willing to engage in development projects that is going to impact on the environmental quality. The Sri Lankan judiciary also has recognized the vital role of submitting the EIAR/IEAR in order to ensure that the development projects are in compliance with the notion of sustainable development. The primary objective of the paper is to analyze the significance of the EIAR/IEARR in promoting the sustainable development in Sri Lanka. The secondary objectives include also to analyze the legislative evolution of the requirement of EIAR/IEER for development projects to analyze the role of judiciary of Sri Lanka in recognizing the vital importance of these environmental reports. The paper employs the black letter of law where the constitutional provisions and Legislative enactments such as National Environment Act and decided cases in Sri Lanka are used as primary sources and scholarly articles on the topic are used as secondary sources. The paper finds that the Sri Lankan judiciary has played a Herculean task in upholding the sustainable development by ensuring that EIAR/IEER should be submitted before embarking on the projects which could have an impact on the environment to ensure the projects are environmentally viable. The paper concludes if a nation to thrive, environment preservation cannot be singled out from the development and the duty of citizens is to abide by the laws which are aimed at protecting and preserving the nature and its riches. Fri, 01 Mar 2024 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/7620 2024-03-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/7619 An Appraisal of the Right to Erasure as a Part of the Right to Privacy with Special Reference to Data Protection in India and Sri Lanka Sasidharan, Jayamol Padivathukkal Privacy is a concept with different dimensions. The traditional approach to privacy has considerably changed due to the advancement in science and technology. In this digital world, a vast amount of data is collected, stored and distributed. Right to erasure is an area of privacy, where the courts have acknowledged pleas of litigants who experience social boycotts or harm to reputation. It is an admitted fact that understanding the right to privacy must include the right to erasure because there is no privacy when everything is social. Data Protection is acknowledged in India and Sri Lanka through the Digital Personal Data Protection Act, 2023(DPDP) and the Personal Data Protection Act, 2022(PDPA )respectively. This paper aims to analyze the right to erasure as an essential part of the right to privacy. It is crucial for celebrities and people with fame who attract media glare. This is required in the case of a person who is acquitted and to those who come out of prison after reformation. In this paper, the author examines the right to erasure as a part of the right to privacy in India and Sri Lanka. It also explores the International arena of the right to erasure and highlights the need to have separate statutory protection for the right as there are only judicial decisions and few provisions in the Data Protection laws in this regard. The paper concludes by pointing out the emerging social need to recognize the right to erasure as an essential aspect of the right to privacy. Fri, 01 Mar 2024 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/7619 2024-03-01T00:00:00Z