https://ir.kdu.ac.lk/handle/345/3847 Wed, 22 Apr 2026 07:09:24 GMT 2026-04-22T07:09:24Z https://ir.kdu.ac.lk/handle/345/1280 The challenging scope of protecting and promoting Human Rights in the context of Counter Terrorism: Sri Lankan Perspective Aluthge, D P Protecting and promoting Human Rights is universally accepted conception. Any one should not be allowed to derogate Human Rights. State parties are bound to protect and promote Human Rights under any circumstances. And the other hand states are bound to stabilize the security of all the citizens and states should act against violations and eminent threats of any kind of terrorist activities. So the state responsibility comes to a dilemma as to how protect Human Rights while countering terrorism. States are obliged to find solutions to protect citizens from catastrophe of terrorism even without violating the rights of terrorist suspects. This paper strives to recognize an effective measure to counter- terrorism not conflicting with Human Rights. Researcher has mostly animated on the general obligations of the state parties with regard to human rights and existing laws against terrorism both international and Sri Lankan perspective. Main objective of this paper is to search ways and means to protect human rights in the context of counter terrorism and it tries to emphasize the responsibility of the state parties in this regard. This paper further discuss the limitations, derogations and violations of Human Rights accomplished by state parties and their pros and cons. Researcher adopts the legal research methodology and it is based on a library research. The researcher adopts quantitative research method where it is appropriate to establish the research objectives. However, it is important to note that this research does not include quantitative values in relation to establishing the conclusions of the research. Article Full-text Fri, 01 Jan 2016 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/1280 2016-01-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/1278 Beyond the frame; a dopting the polluter pays principle to regulate the e- waste in Sri Lanka,nation secured from e -waste Bandara, W.J.M.H.C.J. Development of technology paves way to a drastic usage of e-waste in day to day lives of the human beings worldwide. Thereby it gradually becomes an issue of growing concern worldwide about how to dispose this e-waste. It is important to pay special attention on this regard since improper ways of disposing e-waste able to cause a drastic impact to the public health and to the environment. In this backdrop Sri Lanka which nourishes from biodiversity treating to the e-waste under the category of solid waste and uses it for landfilling or to incinerate. This improper treatment of e-waste is a huge threat to the countries? biodiversity and to the public health in next decade. Most of the developed countries overcome this issue by establishing recycling plants, thus Sri Lankan economic context is not in a possession to facilitate e-waste recycling plants due to its high amount of constructing and maintaining costs. Pathetically Sri Lankan legal context is still in a primitive stage in this regard. National policy in this regard is still in drafting process and currently addressing this issue based on the Basel Convention. In such a circumstances objective of this research is to evaluate the importance of adopting the polluter pay principle to facilitate the optimal responsibility between the e-waste consumer and the retailer about the usage and disposal of e-waste and put forward recommendations for further development of law in this field in the light of relevant international standards. Research question is, how to apply the polluter pays principle to regulate the e-waste accumulation in Sri Lanka. Research will be qualitative based on the books with critical analysis, journal articles, conventions, statutes, case law and data collected from policy making authority. Underline principle of the polluter pay principle is those who pollutes must bear the cost of it. In this backdrop this paper suggests to regulate the e-waste in the country by adopting the polluter pays principle by imposing liability to the e-consumer. Through that it promotes the reuse of electronic and electrical equipments which come under 3R principle on waste prevention approach. This study concludes an essentiality of a legal framework based on this principle and it highlights how this process minimize the amount of accumulate e-waste directly to the environment, further it will affect positively to create a nation secured from e-waste and ultimately it grants an ecofriendly environment to every Sri Lankan. Article Full-text Fri, 01 Jan 2016 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/1278 2016-01-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/1275 Title Registration System in Sri Lanka: Comparative Study of Law in Austria and Ghana Illanganthilaka, Nilanthi; Mahanamahewa, Prathiba In Sri Lanka registration of deeds was proposed to be replaced with registration of title system, introduced by the Registration of Title Act 21 of 1998. Under this system certainty of ownership of a land is guaranteed by the government, taking away repeated examinations of the past title. Therefore, title registration is expected to minimize land disputes and forgeries and looked forward to have dynamic land market. Today, after 18 years of implementing the land registration system in Sri Lanka, can we be satisfied with the results of implementation of the Title Registration Act? The answer is ?no?, because there are many inherent weaknesses in the title registration law in Sri Lanka. The objective of this research is to identify issues prevailing with the implementation of the Registration of Title Act 21 of 1998 in Sri Lanka and to propose amendments to improve implementation of registration of title to suit for address the need for the present land market in Sri Lanka. I collected data of title registration in Austria and Ghana. By analyzing the legal situation of these countries, legal provisions they used and success rate and compared with Sri Lanka to find out what the reasons are for infancy of title registration in our country and how to overcome those problems and for a dynamic system of title registration and what are the functions have to be fulfilled. This act does not have adequate efficiency and proper scheme suits to the Sri Lankan situation of the society. So necessary amendments should be done before implementing this act otherwise it will be a money and time consuming processes. Article Full-text Fri, 01 Jan 2016 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/1275 2016-01-01T00:00:00Z https://ir.kdu.ac.lk/handle/345/1269 Privacy of Personal Health Information as a Patients’ Right in Sri Lanka Sapukotana, Upeksha Madukalpani Health information privacy refers to the right of a patient to expect that their personal health information remains private and shared with others to the extent in order to provide proper health care. Personal health information, whether written, oral or electronic in its form needs to be accessed by large number of parties such as doctors, nurses, administrative staff of a hospital pharmacists and even third parties such as insurance companies. Unauthorised access as well as authorised persons misusing such information has become a major issue in relation to the privacy of personal health information. This research addresses the problem whether the legal system of Sri Lanka has adequately responded to the challenge of protecting health information privacy as a patient right in Sri Lanka. Data collection was done through a comprehensive survey of available literature on the subject. For comparative purposes, legal developments in India were taken into account. It was found out that Sri Lanka has no proper legal mechanism to protect privacy of persona health information and it is recommended that a proper legal framework be introduced based on the legal developments that have been taken place at the international level and in other domestic jurisdictions. Article Full-text Fri, 01 Jan 2016 00:00:00 GMT https://ir.kdu.ac.lk/handle/345/1269 2016-01-01T00:00:00Z