https://ir.kdu.ac.lk/handle/345/6283 2026-04-22T01:21:05Z 2026-04-22T01:21:05Z De Silva, NHD https://ir.kdu.ac.lk/handle/345/6345 2023-06-21T07:23:29Z 2022-09-01T00:00:00Z

The Principle of Distinction; De Silva, NHD The International Humanitarian Law (IHL) governs events that occur in a state during armed conflict. It limits the effects of an International Armed Conflict (IAC). There are six principles in IHL. This paper intends to discuss about the Principle of Distinction. Principle of Distinction distinguishes every act and person involved in armed conflict. This distinction is generally between combatants and civilians. The key international legal instruments that govern IHL are Geneva Conventions (GC) I to IV and its Additional Protocols (AP) I and II. These GC provisions and AP provisions are used to justify the military objectives and the civilian objects in an armed conflict. This paper aims to discuss the exceptional situations as well. In Non- International Armed Conflicts (NIAC), IHL limits methods and means of warfare and people who are not directly participate in hostilities (DPH). Either IAC or NIAC the application of IHL principles remain still. The principle of distinction is used to apprehend the distinction between military objectives and civilian objects. In war, before conducting an attack it is vital to refer and analyse the situation under principle of distinction. This principle of distinction assists to discern whether the attack will gain the expected military advantage. It is important to calculate the collateral damage and to justify the military necessity in the light of principle of distinction. There is only a delicate distinction between military objective and civilian object. It is important to understand this distinction before planning an operation during a conflict. The inability to address this delicate distinction had led to many problematic outcomes among states in aftermath of war. Therefore, this paper aims to discuss about the tenuous area that leads to contradictions between military objectives and civilian objects.

2022-09-01T00:00:00Z Bandara, DMKAH https://ir.kdu.ac.lk/handle/345/6344 2023-06-21T07:19:50Z 2022-09-01T00:00:00Z

Is Sri Lanka Greenwashed? Bandara, DMKAH As the results of environmental damage are increasing, the majority of people around the world are suffering from its impacts. Due to that reason, they attempt to mitigate the effect of this issue as much as possible and one way of such mitigation is consuming sustainable and eco-friendly products and services. Consequently, businesses and companies started to introduce sustainable products with the intention of beginning a sustainable market. However, several people who wanted to get the commercial benefit of this practice started to mislead the consumers by pretending that their artificial and harmful products are also sustainable and organic. This practice of misleading consumers was developed as ‘Greenwashing’ and now most of countries have started to pay their attention to mitigate the impacts on Greenwashing. Some countries have introduced their regulations regarding Greenwashing. However, when it comes to Sri Lanka, even though Greenwashing is existing within the country, the relevant authorities and organizations have still failed to address this issue. Simultaneously, there is a lacuna in the legal system of Sri Lanka as well due to the lack of proper and specific laws for Greenwashing. In this research it is purposed to compare and analyse the Sri Lankan laws related to Greenwashing with other specified laws and guidelines in the international level. In addition to that this is a qualitative research based on international codes and guidelines together with national laws.

2022-09-01T00:00:00Z Patabendige, CLCM https://ir.kdu.ac.lk/handle/345/6343 2023-06-21T07:16:13Z 2022-09-01T00:00:00Z

Sri Lankan Perspectives on “Fighting the Lie” Patabendige, CLCM In ancient times, war was wholly militaristic and physical in nature, where troops protected borders. However, at present war has changed from physical space to virtual space. Social media is the biggest platform utilized by extremists, terrorists , profit and politically motivated individuals to attain illegal motives. Disinformation, misinformation, falsehoods, online manipulations and hate speech have become apex threats to Sri Lanka’s national security. The research problem is the need to criminalize online falsehoods. The research methodology utilized is a non-doctrinal research, which is also known as socio-legal research. The rationale behind non-doctrinal research is, to seek answers from a multidisciplinary approach. The paper goes beyond legal analysis and also looks from a national and strategic security perspective. The research will shed light on what are online falsehoods, Sri Lanka’s experiences as a victim of online falsehoods, laws relating to online falsehoods, freedom of expression and the gaps, lacunae and weaknesses prevalent in the laws curbing online falsehoods. Further, the research will evaluate the Singapore’s Protection from Online Falsehoods and Manipulation Act 2019, for purposes of comparative analysis. The Paper has identified the necessity to introduce legislation to criminalize online falsehoods. Consequentially, the paper has provided a plethora of recommendations on preventing and mitigating online falsehoods.

2022-09-01T00:00:00Z Pabasara, AGM https://ir.kdu.ac.lk/handle/345/6342 2023-06-21T07:12:25Z 2022-09-01T00:00:00Z

Conflicts of Laws Pabasara, AGM Polygamous acts are prohibited under Sri Lankan law; however the Muslim Personal Laws are an exception. Although this fact is grounding, the concept of polygamous marriages occurring between a Sri Lankan national and a foreign national when contracting the Sri Lankan National’s subsequent marriages after the first legal marriage is not instituted for, as it is quite a rare occurrence. The legal framework in Sri Lanka only presides over the matters of polygamous marriages occurring between the citizens of Sri Lanka. It does not have a fully-fledged set of laws to regulate or recognize those marriages in an instance if, issues arise in relation to polygamous marriages with a foreign element were to happen to a Sri Lankan national or a partner of a Sri Lankan national. Therefore, the objective of this research is to critically evaluate whether the existing legal framework of Sri Lanka could invalidate an individual’s subsequent marriage contracts with a foreigner, and if so, whether such individual could be penalized and whether such marriage would be criminalized under the Sri Lankan law. This research also aims to explore existing legal framework around the world that have addressed this issue and if Sri Lanka could also apply those laws to its native legal system.

2022-09-01T00:00:00Z