Papers by Nimesha Rodrigo
Hearsay evidence was defined by Phipson as" Oral or written statements made by persons who are no... more Hearsay evidence was defined by Phipson as" Oral or written statements made by persons who are not parties .....".1 Hearsay Evidence implies that the person involved who has witnessed, heard or discerned the fact is inaccessible, and another person takes his position in the circumstances in which the credibility and reliability of the person concerned is equal to that of the person concerned.
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The doctrine of necessity is a principle whereby an ordinarily criminal act is advocated by the n... more The doctrine of necessity is a principle whereby an ordinarily criminal act is advocated by the need of protecting something of more prominent utilitarian incentive than that lost or relinquished. Simply,” It is a defense asserted by a criminal or civil defendant that he or she had no choice but to break the law” . The Individual necessity and collective necessity are two principles of law of Necessity. The individual Necessity may be termed as self defense and collective necessity may be called as state Necessity.
The necessity defense has long been recognized as Common Law and has additionally been made piece of most states' statutory law. Although no government resolution acknowledge the defence , the Supreme Court has remembered it as a major aspect of the customary law. The method of reasoning behind the necessity of defence is that occasionally, in a specific circumstance, a specialized break of the law is more invaluable to society than the outcome of strict adherence to the law. The safeguard is regularly utilized effectively in cases that include a Trespass on property to spare a man's life or property. It likewise has been utilized, with fluctuating degrees of accomplishment, in cases including more intricate inquiries. The basic rule underlying this principle is that ‘Justice must not only be done but must also appear to be done’. Necessity is justified when pressure of circumstances compell to adopt certain course of action. Necessity is regarded as the mother of invention. Generally, it is also said that the Necessity is beyond Law. It transcends law and has no boundaries. If, necessity is treated as a source of law, it would give rise to certain questions of law. For instance, it’s meaning, nature and whom to make a Judge of the law of Necessity. In order to transpire the intricacies, it is important to dilate upon the concept of Necessity and Law of Necessity as well. "prima facie, the word Necessity has different shades of meanings.
Necessity is that which is unavoidable, or absolutely requisite, inevitable or indispensable. It is the condition of being needy, or necessitous; pressing need or want .
Necessity must be real, immediate and urgent and serves as a state or condition imperatively demanding relief .
The term necessity refers to the presence or pressure of circumstances that justify or compel a certain course of action, especially; a need to respond or react to a dangerous situation by committing a criminal act : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act .
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The bodies of the human rights treaty are independent expert commissions overseeing the enforceme... more The bodies of the human rights treaty are independent expert commissions overseeing the enforcement of the main international human rights treaties. That State Party to a treaty is obliged to take steps to ensure that the rights set out in the treaty are enjoyed by all in the State. There are currently nine international human rights treaties and one optional protocol creating 10 treaty bodies. The treaty bodies are made up of independent experts with recognized human rights competence who are nominated and elected by State parties for four-year fixed renewable terms
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The laws relating to criminal procedure govern the investigation of offenses, the institution of ... more The laws relating to criminal procedure govern the investigation of offenses, the institution of proceedings and the proceedings of court. Criminal law is not just about detecting and convicting criminals and sentencing them. It is all about crime prevention.
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The commission of crimes could be dated back to centuries ago. Crimes were and are being committe... more The commission of crimes could be dated back to centuries ago. Crimes were and are being committed in the past as well as in the present. But in the present, the commission of crimes are
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Construction law is widely regarded as encompassing the entire field of law that directly affects... more Construction law is widely regarded as encompassing the entire field of law that directly affects the construction industry and the legal instruments that it employs.” . Construction is a process in which disputes are almost guaranteed due to the complicated, interrelated, and protracted process of designing and building. As construction projects become more complicated, so do the disputes. Generally, disputes in Sri Lanka's construction industry stem from Breach of contract-by-contract parties, insufficient administration of obligations by the owner, contractor, or subcontractors, plans and specifications with defects, omissions, and ambiguities, and hasty tax and/or cost increases owing to economic changes are all acknowledged causes of disputes pertaining to construction.
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The sectors pertaining to Insurance, derivatives, commercial banking, capital markets, and invest... more The sectors pertaining to Insurance, derivatives, commercial banking, capital markets, and investment management are all under the law and regulation of financial law. A proper legal framework on finance is necessary in order to monitor and regulate the financial system. A proper legal framework on finance results in a proper financial system which helps provide the required lubricants for the proper operation of a country’s economy. Central banks act as one of the key financial regulators of a country. one of the main objectives of the Central Bank of Sri Lanka (CBSL) is the maintenance of financial system stability, but there is a doubt as to whether a proper maintenance of the financial system stability takes place.
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Legal harmonization is achieved when every country has the same set of rules in every aspect of a... more Legal harmonization is achieved when every country has the same set of rules in every aspect of a certain field. Harmonization has been defined in the legal literature as a process for bringing the regulatory requirements or government policies of independent nation states with no joint political or economic power similar. Harmonization is frequently justified on the grounds that it provides stability and certainty by allowing parties to forecast the rules that will apply to them in advance.
Arbitration is the term used to refer to a binding judicial determination of any matter in controversy capable of being compromised by an agreement by way of accord and satisfaction or rendered arbitrable by statute between two or more parties to some person or persons other than a Court of competent jurisdiction .In practically every aspect of international trade, business, and investment, International arbitration has become the primary method of settling disputes between States, individuals, and organizations.
Harmonization of legal concepts of Arbitration brings about clear benefits to the efficacy and efficiency of international arbitration practice. The harmonization of national legislation precludes an arbitration clause from being lawful in one state but void in another, or the admission and execution of an arbitral award in one state but denial in another.
An arbitral award is the final result that the parties obtain after submitting a dispute to an arbitral tribunal. An arbitral award made in a territory other than the state's area where recognition and enforcement should take place is referred to as a "foreign arbitral award." ‘The international acceptance of the New York Convention of 1958, which is expanding annually, is largely responsible for the harmonization achieved in the sphere of recognition and enforcement of arbitral awards.
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Artificial intelligence (AI) has revolutionized the modern world by simplifying various aspects o... more Artificial intelligence (AI) has revolutionized the modern world by simplifying various aspects of our lives. It
enhances efficiency, personalization, and convenience across multiple domains. While AI unquestionably
brings numerous benefits that make our lives easier, it also comes with inherent risks and challenges. Amidst
its numerous perils, AI's potential to jeopardize privacy and security looms prominently. Striking a balance
between the convenience AI offers and addressing these potential risks is crucial to ensuring a harmonious
coexistence between technology and society. This research aims to illustrate the potential dangers AI poses,
emphasizing the imperative of a comprehensive understanding of its risks using the Qualitative Research
Methodology and secondary sources such as online journal articles, books etc.
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The priority of the rights, well-being and best interests of children involved in the judicial pr... more The priority of the rights, well-being and best interests of children involved in the judicial procedures must be protected, and this requires the establishment of a Child-Friendly Justice System. This research aims to explore the strategies and best practices necessary to create such a system in Sri Lanka and highlights the challenges that may arise in the process. Further, the research examines various aspects such as the need for a systematic legal framework, specialized procedures, legal reforms and the involvement of multidisciplinary professionals. By understanding the challenges involved in this system it becomes possible to develop effective strategies and interventions to establish a system that upholds the rights, well-being and best interests of children.
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Thesis Chapters by Nimesha Rodrigo
As the world becomes a global village with the advancement of technology, all humans resort to di... more As the world becomes a global village with the advancement of technology, all humans resort to digitalize their life by using technology to conduct their day-to-day activities. But the reliance on these technologies is used by cybercriminals to their advantage. Therefore, it is obvious that emerging technologies may create opportunities for criminals to perform larger, more lucrative, and perhaps more sophisticated cybercrimes. Thus, this in order to prevent the public from being potential victims of these types of cybercrimes each and every nation must ensure that their legal framework relating to information and technology is compatible to deal with the ever growing and evolving cybercrimes. As all around the globe, rising incidents of cybercrimes in Sri Lanka is also an increasing concern. This dissertation is based on the Compatibility of the Legal Framework Relating to Information Technology in Combating Cybercrimes with a Special Reference to Sri Lanka. This dissertation first identifies the authorities in place and the legal Frameworks existing to combat cybercrimes in Sri Lanka. Then the issues faced when applying these Legal frameworks relating to information technology in Sri Lanka and the problems faced by such authorities to battle cybercrimes are identified. Finally, the dissertation gives recommendations on How to develop the Legal framework relating to Information technology and also how to enhance the related authorities in Sri Lanka to effectively battle cybercrimes.
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Papers by Nimesha Rodrigo
The necessity defense has long been recognized as Common Law and has additionally been made piece of most states' statutory law. Although no government resolution acknowledge the defence , the Supreme Court has remembered it as a major aspect of the customary law. The method of reasoning behind the necessity of defence is that occasionally, in a specific circumstance, a specialized break of the law is more invaluable to society than the outcome of strict adherence to the law. The safeguard is regularly utilized effectively in cases that include a Trespass on property to spare a man's life or property. It likewise has been utilized, with fluctuating degrees of accomplishment, in cases including more intricate inquiries. The basic rule underlying this principle is that ‘Justice must not only be done but must also appear to be done’. Necessity is justified when pressure of circumstances compell to adopt certain course of action. Necessity is regarded as the mother of invention. Generally, it is also said that the Necessity is beyond Law. It transcends law and has no boundaries. If, necessity is treated as a source of law, it would give rise to certain questions of law. For instance, it’s meaning, nature and whom to make a Judge of the law of Necessity. In order to transpire the intricacies, it is important to dilate upon the concept of Necessity and Law of Necessity as well. "prima facie, the word Necessity has different shades of meanings.
Necessity is that which is unavoidable, or absolutely requisite, inevitable or indispensable. It is the condition of being needy, or necessitous; pressing need or want .
Necessity must be real, immediate and urgent and serves as a state or condition imperatively demanding relief .
The term necessity refers to the presence or pressure of circumstances that justify or compel a certain course of action, especially; a need to respond or react to a dangerous situation by committing a criminal act : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act .
Arbitration is the term used to refer to a binding judicial determination of any matter in controversy capable of being compromised by an agreement by way of accord and satisfaction or rendered arbitrable by statute between two or more parties to some person or persons other than a Court of competent jurisdiction .In practically every aspect of international trade, business, and investment, International arbitration has become the primary method of settling disputes between States, individuals, and organizations.
Harmonization of legal concepts of Arbitration brings about clear benefits to the efficacy and efficiency of international arbitration practice. The harmonization of national legislation precludes an arbitration clause from being lawful in one state but void in another, or the admission and execution of an arbitral award in one state but denial in another.
An arbitral award is the final result that the parties obtain after submitting a dispute to an arbitral tribunal. An arbitral award made in a territory other than the state's area where recognition and enforcement should take place is referred to as a "foreign arbitral award." ‘The international acceptance of the New York Convention of 1958, which is expanding annually, is largely responsible for the harmonization achieved in the sphere of recognition and enforcement of arbitral awards.
enhances efficiency, personalization, and convenience across multiple domains. While AI unquestionably
brings numerous benefits that make our lives easier, it also comes with inherent risks and challenges. Amidst
its numerous perils, AI's potential to jeopardize privacy and security looms prominently. Striking a balance
between the convenience AI offers and addressing these potential risks is crucial to ensuring a harmonious
coexistence between technology and society. This research aims to illustrate the potential dangers AI poses,
emphasizing the imperative of a comprehensive understanding of its risks using the Qualitative Research
Methodology and secondary sources such as online journal articles, books etc.
Thesis Chapters by Nimesha Rodrigo
The necessity defense has long been recognized as Common Law and has additionally been made piece of most states' statutory law. Although no government resolution acknowledge the defence , the Supreme Court has remembered it as a major aspect of the customary law. The method of reasoning behind the necessity of defence is that occasionally, in a specific circumstance, a specialized break of the law is more invaluable to society than the outcome of strict adherence to the law. The safeguard is regularly utilized effectively in cases that include a Trespass on property to spare a man's life or property. It likewise has been utilized, with fluctuating degrees of accomplishment, in cases including more intricate inquiries. The basic rule underlying this principle is that ‘Justice must not only be done but must also appear to be done’. Necessity is justified when pressure of circumstances compell to adopt certain course of action. Necessity is regarded as the mother of invention. Generally, it is also said that the Necessity is beyond Law. It transcends law and has no boundaries. If, necessity is treated as a source of law, it would give rise to certain questions of law. For instance, it’s meaning, nature and whom to make a Judge of the law of Necessity. In order to transpire the intricacies, it is important to dilate upon the concept of Necessity and Law of Necessity as well. "prima facie, the word Necessity has different shades of meanings.
Necessity is that which is unavoidable, or absolutely requisite, inevitable or indispensable. It is the condition of being needy, or necessitous; pressing need or want .
Necessity must be real, immediate and urgent and serves as a state or condition imperatively demanding relief .
The term necessity refers to the presence or pressure of circumstances that justify or compel a certain course of action, especially; a need to respond or react to a dangerous situation by committing a criminal act : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act .
Arbitration is the term used to refer to a binding judicial determination of any matter in controversy capable of being compromised by an agreement by way of accord and satisfaction or rendered arbitrable by statute between two or more parties to some person or persons other than a Court of competent jurisdiction .In practically every aspect of international trade, business, and investment, International arbitration has become the primary method of settling disputes between States, individuals, and organizations.
Harmonization of legal concepts of Arbitration brings about clear benefits to the efficacy and efficiency of international arbitration practice. The harmonization of national legislation precludes an arbitration clause from being lawful in one state but void in another, or the admission and execution of an arbitral award in one state but denial in another.
An arbitral award is the final result that the parties obtain after submitting a dispute to an arbitral tribunal. An arbitral award made in a territory other than the state's area where recognition and enforcement should take place is referred to as a "foreign arbitral award." ‘The international acceptance of the New York Convention of 1958, which is expanding annually, is largely responsible for the harmonization achieved in the sphere of recognition and enforcement of arbitral awards.
enhances efficiency, personalization, and convenience across multiple domains. While AI unquestionably
brings numerous benefits that make our lives easier, it also comes with inherent risks and challenges. Amidst
its numerous perils, AI's potential to jeopardize privacy and security looms prominently. Striking a balance
between the convenience AI offers and addressing these potential risks is crucial to ensuring a harmonious
coexistence between technology and society. This research aims to illustrate the potential dangers AI poses,
emphasizing the imperative of a comprehensive understanding of its risks using the Qualitative Research
Methodology and secondary sources such as online journal articles, books etc.