This paper delves into the transformative impact of AI technologies on university education, focu... more This paper delves into the transformative impact of AI technologies on university education, focusing on both the opportunities and challenges presented by these advancements. It outlines how AI enhances educational access, efficiency, and personalization in Sri Lankan universities by streamlining research processes, creating tailored learning experiences, and improving the quality of academic writing. However, it also addresses significant challenges, including academic dishonesty, over-reliance on AI, and data privacy concerns. To mitigate these risks, the paper advocates for clear policies, transparency, and proper training on the ethical use of AI, emphasizing the need for balanced integration to foster critical thinking and independent research skills. Additionally, it highlights the role of AI in exam preparation through adaptive learning platforms and AI-powered tutoring systems, while noting the importance of equitable access and data protection. The paper concludes with comprehensive guidelines for the ethical use of AI in academic settings, promoting transparency, honesty, fairness, and proper documentation of AI usage. These guidelines aim to foster responsible AI use, ensuring that technological advancements contribute positively to student learning while upholding academic integrity. A detailed sample guideline for the ethical use of AI by university students is provided at the end to help institutions navigate these complex issues effectively.
A trademark which helps to distinguish goods of one undertaking from that of another is an import... more A trademark which helps to distinguish goods of one undertaking from that of another is an important stimulus for manufacture of goods and services. In particular when it comes to well-known trademarks, the value attached to the mark exceeds the total value of assets of such an undertaking. A strong protection for these trademarks are required to protect the interest of the owners of these trademarks. The Intellectual Property Act No 36 of 2003 governs the law relating to the protection of both trademarks and well-known trademarks. As a member state to the TRIPS agreement, Sri Lanka is obliged to meet the minimum standards set out in the TRIPS agreement regarding the protection afforded to intellectual property rights in order to enjoy the benefits granted by the agreement. This paper is aimed at answering the questions of,what is the current status of the law relating to the protection of well-known trade marks in Sri Lanka, its international obligations, protections afforded to well-known trademarks through exclusive and additional measures, the limitations of the current system and some possible reforms that could be made. The research is conducted using a qualitative method, where it uses the primary legal sources of the Intellectual Property Act No 36 of 2003, the Trips Agreement and the decided case law. As secondary data, it uses the commentaries given on the relevant sections by reputed authors.The results of the research indicate that, most of the provisions of the IP Act are compatible with the TRIPS agreement. However, the results also indicate that, with regard to the protection of well-known trademarks there are some lacunas, such as unregistered marks not having exclusive rights, non-registrability of sound marks and the non-availability of a single application process for multiple registration in different countries. It is therefore suggested that these lacunas be remedied.
The pure theory of law as advanced by Hans Kelsen endeavour to explain the law as it is pure from... more The pure theory of law as advanced by Hans Kelsen endeavour to explain the law as it is pure from the impunities of morality, justice, equity and other types of blurry subject matter. This theory is based on the relationship of norms, where the grundnorm of a given legal system has the ability of empowering all the subsequent norms below it. The constitution, being the supreme law of the country, is recognized as the grundnorm in many of the countries whether you label them as democratic or not. While the change in constitutional order, if done according to the constitutional provisions themselves, if it is done otherwise can pose serious questions related to the legal validity of such a new order. In order to explain this phenomenon, Courts have often made recourse the Kelsen’s pure theory of law. Therefore, this article examines how courts of law in different jurisdictions have use the pure theory of law in explaining the constitutional orders through revolutionary forces.
The concept of corporate governance can be defined simply as how companies should be managed. The... more The concept of corporate governance can be defined simply as how companies should be managed. The Companies Act No 07 of 2007 made significant changes to the then existing company law legislation and departed from the roots of the English Law that was the basis of our company law up to then. With the introduction of new Companies Act, the legislators were able to encapsulate the conceptual framework to have in place a better mechanism for having a good system of corporate governance. This helped to better facilitate the growth of corporate governance. With regard to corporate governance, the board of directors plays a vital role. They are responsible for the management of the company. They are entrusted with the capital of the shareholders. As there is a division between the ownership of the assets and its management the concept of corporate governance helps to balance out the conflicting interest that the parties may have. The Act has recognized recognized many duties and obligatio...
The world is facing many challenges and some of them directly relates to the survival of the mank... more The world is facing many challenges and some of them directly relates to the survival of the mankind. The environment is degrading at rates never seen before and this is one such question that has created a discourse on the protection of the environment at a global level. For a small country like Sri Lanka with riches of environmental beauty and the bio-diversity, the degrading of its environment has causes serious concerns. One can argue that, this could be due to the lack of a justiciable right to a healthy environment meaning that no one as of a right can claim for a healthy environment. The fundamental rights chapter found in the 1978 Constitution of the Democratic Socialist republic of Sri Lanka does not have provisions to protect the environment under it and while the directive principles recognizes the importance of the environment and the corresponding duties of the citizens of the country to protect and safeguard it, it is however, not justiciable meaning not enforceable in...
Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and... more Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and a denial of such a right through postponement could never be circumvented by placing before such institutions such restrictions or constraints that are related to the economy of a country, which in itself indicates the need for changing the government or its people who have brought a country to its knees through such haphazard economic policies which has led to such catastrophic events. This paper endeavors through a qualitative method using a doctrinal approach to evaluate the primary sources of law in the Sri Lankan legal system, inclusive of inter alia. the Constitutional provisions, statutory provisions, and the decided case law. In the discussion, it is both well founded and established that the right to franchise, even at the local governmental level is not really allowed under the existing laws of the country, nor could they be justified under any other presumed disguised pointing out that the severe economic crisis that has occurred.
The law relating to statutory rape in Sri Lanka is governed by the Penal Code No. 02 of 1883 by a... more The law relating to statutory rape in Sri Lanka is governed by the Penal Code No. 02 of 1883 by an amendment brought to it under Act No 22 of 1995. According to the amended section 363 (e) of the code, whosoever has a sexual intercourse with a girl who is under the age of 16 whether such sexual intercourse is carried out with or without the consent of such a girl shall be guilty of rape. In this instance, the law considers that the matter of consent is immaterial viz regarding the attribution of liability upon the culprit. While this being said, the Courts in Sri Lanka has taken the view that despite the fact that statutory rape carries with it a minimum mandatory sentence of 10 years imprisonment, that regard must be had to the circumstances of the case and that whatever punishment to be given shall not be excessive so as to breach the fundamental rights guaranteed to individuals under the Constitution. In light of the above circumstances, this paper discusses the jurisprudential basis for the recognition and punishment for the offence of statutory law under the laws of Sri Lanka.
The military is considered as a society of its own with their codes of conduct and rules applying... more The military is considered as a society of its own with their codes of conduct and rules applying in a different manner than their civilian counterpart, where the aim is to maintain strict discipline in the military system itself, ready to fight a war when the country is at the blink of nihilated. When it comes to the military justice system, it is also built upon the notion of maintaining strict discipline within the military system, where swiftness and efficiency of justice is considered as a paramount concern. The military justice system consists of two main mechanisms which are introduced to achieve this end, which includes a Court Martial and a Summary Trial. While a Court Martial is more aching towards an ordinary mechanism of delivering justice as we find within the civilian society, except for the fact that only persons subjected to military law are brought before them, a Military Summary Trial is something which is unique and distinctive as the commanding officer concern is given a wide variety of power and discretion in conducting and delivering an appropriate judgement in such a trial. By employing a doctrinal approach founded in the qualitative methodology, this research endeavour to critically comment on the applicability of natural justice in conducting such a trial and whether tilting the balance of those scales could be justified within the military justice system. The results reveal that, while the military justice system is both unique and distinct from what you would find in a civilian society, lowering down the scales of natural justice even within a Military Summary Trial cannot be entertained, and therefore, it requires a revision of the existing procedures to maintain the scales of natural justice untitled at whatever occasion.
Sri Lanka is appreciated for its natural beauty and its biodiversity as being one of the hot spot... more Sri Lanka is appreciated for its natural beauty and its biodiversity as being one of the hot spots in the world. Its picturesque environments are a great asset to its people and the abundance of wildlife resources it has is second to non-other. However, due to the increase in the struggle between the wildlife and human beings, this escalating conflict has resulted in violent interactions between the two, where both the parties have made the ultimate sacrifice with their lives. In particular, the Human-Elephant and Human-Crocodile conflict has created much controversy from socio, economic and political aspects in the country. Therefore, this research is focused on suggesting methods of turning this conflict between human beings and the wildlife in to one of coexistence with a critical review of literature and the study reports that have been produced both locally and internationally by using a qualitative method. The results reveal that, the conflict is more diverse than one might think as the conflict has now become human-wildlife-human conflict, where there is a conflict between who are trying to save the wildlife from the humans and the others who are trying to save their lives and crops from the wildlife. This triparty conflict has made matters very complicated and therefore, it is suggested that the existing laws and regulations be amended and be made more realistic in order to protect both the wildlife and the human beings of the country, where the existing rules and regulations of the British Era has taken a more biocentre approach which seems unworkable in the modern times.
This paper delves into the transformative impact of AI technologies on university education, focu... more This paper delves into the transformative impact of AI technologies on university education, focusing on both the opportunities and challenges presented by these advancements. It outlines how AI enhances educational access, efficiency, and personalization in Sri Lankan universities by streamlining research processes, creating tailored learning experiences, and improving the quality of academic writing. However, it also addresses significant challenges, including academic dishonesty, over-reliance on AI, and data privacy concerns. To mitigate these risks, the paper advocates for clear policies, transparency, and proper training on the ethical use of AI, emphasizing the need for balanced integration to foster critical thinking and independent research skills. Additionally, it highlights the role of AI in exam preparation through adaptive learning platforms and AI-powered tutoring systems, while noting the importance of equitable access and data protection. The paper concludes with comprehensive guidelines for the ethical use of AI in academic settings, promoting transparency, honesty, fairness, and proper documentation of AI usage. These guidelines aim to foster responsible AI use, ensuring that technological advancements contribute positively to student learning while upholding academic integrity. A detailed sample guideline for the ethical use of AI by university students is provided at the end to help institutions navigate these complex issues effectively.
A trademark which helps to distinguish goods of one undertaking from that of another is an import... more A trademark which helps to distinguish goods of one undertaking from that of another is an important stimulus for manufacture of goods and services. In particular when it comes to well-known trademarks, the value attached to the mark exceeds the total value of assets of such an undertaking. A strong protection for these trademarks are required to protect the interest of the owners of these trademarks. The Intellectual Property Act No 36 of 2003 governs the law relating to the protection of both trademarks and well-known trademarks. As a member state to the TRIPS agreement, Sri Lanka is obliged to meet the minimum standards set out in the TRIPS agreement regarding the protection afforded to intellectual property rights in order to enjoy the benefits granted by the agreement. This paper is aimed at answering the questions of,what is the current status of the law relating to the protection of well-known trade marks in Sri Lanka, its international obligations, protections afforded to well-known trademarks through exclusive and additional measures, the limitations of the current system and some possible reforms that could be made. The research is conducted using a qualitative method, where it uses the primary legal sources of the Intellectual Property Act No 36 of 2003, the Trips Agreement and the decided case law. As secondary data, it uses the commentaries given on the relevant sections by reputed authors.The results of the research indicate that, most of the provisions of the IP Act are compatible with the TRIPS agreement. However, the results also indicate that, with regard to the protection of well-known trademarks there are some lacunas, such as unregistered marks not having exclusive rights, non-registrability of sound marks and the non-availability of a single application process for multiple registration in different countries. It is therefore suggested that these lacunas be remedied.
The pure theory of law as advanced by Hans Kelsen endeavour to explain the law as it is pure from... more The pure theory of law as advanced by Hans Kelsen endeavour to explain the law as it is pure from the impunities of morality, justice, equity and other types of blurry subject matter. This theory is based on the relationship of norms, where the grundnorm of a given legal system has the ability of empowering all the subsequent norms below it. The constitution, being the supreme law of the country, is recognized as the grundnorm in many of the countries whether you label them as democratic or not. While the change in constitutional order, if done according to the constitutional provisions themselves, if it is done otherwise can pose serious questions related to the legal validity of such a new order. In order to explain this phenomenon, Courts have often made recourse the Kelsen’s pure theory of law. Therefore, this article examines how courts of law in different jurisdictions have use the pure theory of law in explaining the constitutional orders through revolutionary forces.
The concept of corporate governance can be defined simply as how companies should be managed. The... more The concept of corporate governance can be defined simply as how companies should be managed. The Companies Act No 07 of 2007 made significant changes to the then existing company law legislation and departed from the roots of the English Law that was the basis of our company law up to then. With the introduction of new Companies Act, the legislators were able to encapsulate the conceptual framework to have in place a better mechanism for having a good system of corporate governance. This helped to better facilitate the growth of corporate governance. With regard to corporate governance, the board of directors plays a vital role. They are responsible for the management of the company. They are entrusted with the capital of the shareholders. As there is a division between the ownership of the assets and its management the concept of corporate governance helps to balance out the conflicting interest that the parties may have. The Act has recognized recognized many duties and obligatio...
The world is facing many challenges and some of them directly relates to the survival of the mank... more The world is facing many challenges and some of them directly relates to the survival of the mankind. The environment is degrading at rates never seen before and this is one such question that has created a discourse on the protection of the environment at a global level. For a small country like Sri Lanka with riches of environmental beauty and the bio-diversity, the degrading of its environment has causes serious concerns. One can argue that, this could be due to the lack of a justiciable right to a healthy environment meaning that no one as of a right can claim for a healthy environment. The fundamental rights chapter found in the 1978 Constitution of the Democratic Socialist republic of Sri Lanka does not have provisions to protect the environment under it and while the directive principles recognizes the importance of the environment and the corresponding duties of the citizens of the country to protect and safeguard it, it is however, not justiciable meaning not enforceable in...
Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and... more Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and a denial of such a right through postponement could never be circumvented by placing before such institutions such restrictions or constraints that are related to the economy of a country, which in itself indicates the need for changing the government or its people who have brought a country to its knees through such haphazard economic policies which has led to such catastrophic events. This paper endeavors through a qualitative method using a doctrinal approach to evaluate the primary sources of law in the Sri Lankan legal system, inclusive of inter alia. the Constitutional provisions, statutory provisions, and the decided case law. In the discussion, it is both well founded and established that the right to franchise, even at the local governmental level is not really allowed under the existing laws of the country, nor could they be justified under any other presumed disguised pointing out that the severe economic crisis that has occurred.
The law relating to statutory rape in Sri Lanka is governed by the Penal Code No. 02 of 1883 by a... more The law relating to statutory rape in Sri Lanka is governed by the Penal Code No. 02 of 1883 by an amendment brought to it under Act No 22 of 1995. According to the amended section 363 (e) of the code, whosoever has a sexual intercourse with a girl who is under the age of 16 whether such sexual intercourse is carried out with or without the consent of such a girl shall be guilty of rape. In this instance, the law considers that the matter of consent is immaterial viz regarding the attribution of liability upon the culprit. While this being said, the Courts in Sri Lanka has taken the view that despite the fact that statutory rape carries with it a minimum mandatory sentence of 10 years imprisonment, that regard must be had to the circumstances of the case and that whatever punishment to be given shall not be excessive so as to breach the fundamental rights guaranteed to individuals under the Constitution. In light of the above circumstances, this paper discusses the jurisprudential basis for the recognition and punishment for the offence of statutory law under the laws of Sri Lanka.
The military is considered as a society of its own with their codes of conduct and rules applying... more The military is considered as a society of its own with their codes of conduct and rules applying in a different manner than their civilian counterpart, where the aim is to maintain strict discipline in the military system itself, ready to fight a war when the country is at the blink of nihilated. When it comes to the military justice system, it is also built upon the notion of maintaining strict discipline within the military system, where swiftness and efficiency of justice is considered as a paramount concern. The military justice system consists of two main mechanisms which are introduced to achieve this end, which includes a Court Martial and a Summary Trial. While a Court Martial is more aching towards an ordinary mechanism of delivering justice as we find within the civilian society, except for the fact that only persons subjected to military law are brought before them, a Military Summary Trial is something which is unique and distinctive as the commanding officer concern is given a wide variety of power and discretion in conducting and delivering an appropriate judgement in such a trial. By employing a doctrinal approach founded in the qualitative methodology, this research endeavour to critically comment on the applicability of natural justice in conducting such a trial and whether tilting the balance of those scales could be justified within the military justice system. The results reveal that, while the military justice system is both unique and distinct from what you would find in a civilian society, lowering down the scales of natural justice even within a Military Summary Trial cannot be entertained, and therefore, it requires a revision of the existing procedures to maintain the scales of natural justice untitled at whatever occasion.
Sri Lanka is appreciated for its natural beauty and its biodiversity as being one of the hot spot... more Sri Lanka is appreciated for its natural beauty and its biodiversity as being one of the hot spots in the world. Its picturesque environments are a great asset to its people and the abundance of wildlife resources it has is second to non-other. However, due to the increase in the struggle between the wildlife and human beings, this escalating conflict has resulted in violent interactions between the two, where both the parties have made the ultimate sacrifice with their lives. In particular, the Human-Elephant and Human-Crocodile conflict has created much controversy from socio, economic and political aspects in the country. Therefore, this research is focused on suggesting methods of turning this conflict between human beings and the wildlife in to one of coexistence with a critical review of literature and the study reports that have been produced both locally and internationally by using a qualitative method. The results reveal that, the conflict is more diverse than one might think as the conflict has now become human-wildlife-human conflict, where there is a conflict between who are trying to save the wildlife from the humans and the others who are trying to save their lives and crops from the wildlife. This triparty conflict has made matters very complicated and therefore, it is suggested that the existing laws and regulations be amended and be made more realistic in order to protect both the wildlife and the human beings of the country, where the existing rules and regulations of the British Era has taken a more biocentre approach which seems unworkable in the modern times.
Despite progressive developments over the past, some areas of international law still require fur... more Despite progressive developments over the past, some areas of international law still require further improvements. Recognition of a new State is such an area, generally a decision by a recognizing State based on policy and politics than law, for which international law hardly provides an unbiased legal framework. The absence of such a non-politicized criterion to recognize new States necessitates to craft an appropriate legal yardstick as this lacuna shows the unavailability of a relevant treaty or a customary international law principle, notwithstanding the prevalence of the seemingly outmoded 'Montevideo Convention on the Rights and Duties of a State of 1933', which provides a criterion of Statehood to be satisfied by an entity as a pre-requite to be recognized as a State. States known as 'third world countries', particularly face frequent secessionist attempts due to complex religious and ethnic diversities in their territories, which pose threats to their sovereignty, political independence, and territorial integrity, and mostly are former colonies of the Western powers that may continue to be affected by their geo-politics. This research is to analyze the State practices pertaining to the recognition of States from a third world perspective on international law (TWAIL) with reference to selected case studies, namely, Kosovo, South Sudan, Crimea, and Catalonia, since they present legal issues associated with recognition of States. Findings of the research demonstrate a lack of uniformity in the State practices, coupled with the dearth of formal legal sources for the recognition of new States, which has had a potential to affect the third world countries adversely by making them persistent victims of the powerful countries of the West. Conclusion of the research highlights the need to craft a proper legal criterion, followed with a suitable mechanism, to protect the rights and interests of third world countries.
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