https://ir.kdu.ac.lk/handle/345/6715 2026-05-05T11:27:43Z 2026-05-05T11:27:43Z Boraluwa, BRSL https://ir.kdu.ac.lk/handle/345/6783 2023-11-03T03:15:48Z 2023-09-01T00:00:00Z

The Legal Protection of Coral Reefs in Sri Lanka: A Critical Analysis Boraluwa, BRSL Sri Lanka, being an island nation, has an abundance of coral reefs and reef ecosystems situated around the country. However, they are currently under the threat of rapid deterioration due to adverse human activities. Even though this deterioration is happening at an alarming rate, it does not receive the necessary attention of society. This paper seeks to analyze the Sri Lankan legal framework on the protection of coral reefs to ascertain whether it provides a satisfactory framework to protect the coral reefs situated around the country against the threats of damage. This research employed the comparative legal method to compare Sri Lankan law with international standards to determine the lessons for law reform. The methodology of this paper is mainly based on the black letter approach and data is gathered from both primary and secondary sources. This study concludes that the Sri Lankan legal system is inadequate to address the threats faced by coral reef ecosystems which escalates the destruction and thereby, recognizes the importance of adapting from international standards to the Sri Lankan legal system to preserve these invaluable resources for future generations.

2023-09-01T00:00:00Z Shihan, MMM https://ir.kdu.ac.lk/handle/345/6782 2023-11-03T02:51:08Z 2023-09-01T00:00:00Z

Intellectual Property Law Vs Human Rights Law: A Re-Examination of the Relationship Between Two Distinct Legal Regimes in Light of Digitalization and Sustainability Shihan, MMM In simple terms, intellectual property rights are rights that recognize and provide incentives for inventions connected to social development. On the other hand, human rights are basic natural rights that are inheritable and contingent upon human dignity. While the right to protection of the “moral and material interests” of an individual’s intellectual product is enshrined in the canon of international human rights, it could be argued that the dominant regime of intellectual property rights has historically come into conflict with other fundamental human rights of ordinary customers of intellectual property. The paper, hence, re-examines their relationship; firstly, for the impacts of intellectual property rights on the realization of human rights such as the right to health, which has become much more visible following the adoption of the ‘TRIPS’ Agreement and digitalization, and secondly, due to the increasing importance of intellectual property rights that has led to the need for clarifying the scope of human rights provisions protecting individual contributions to knowledge, while drawing a distinct line between intellectual property rights that protect and grant exclusive rights to new creators and the possible infringements it may cause for individual human rights of ordinary customers, and proceeds to identify that in relation to human rights, two strains of intellectual property thoughts have become increasingly prevalent: the first deals with the integration of human rights, while the second explores the possibilities of intellectual property as a mechanism of social justice and sustainability. The information necessary to conduct the study was collected through statutory analysis, while library research, provides secondary information by analogies of relevant scholarly articles and books. The paper in conclusion proves that intellectual property protection of the future must protect fundamental human rights by ensuring access to life-saving and life-improving technologies with sustainability while continuing to respect the material and moral interests of the individuals behind these vital innovations in a digitalized world.

2023-09-01T00:00:00Z Rathnayake, SM Mayadunne, YM Liyanage, KO https://ir.kdu.ac.lk/handle/345/6781 2023-11-03T02:44:36Z 2023-09-01T00:00:00Z

Legal Aspects of Challenges and Privacy Concerns in Establishing and Maintaining a Forensic DNA Database in Sri Lanka Rathnayake, SM; Mayadunne, YM; Liyanage, KO This research has been conducted to identify the legal aspects of challenges and privacy concerns in establishing and maintaining a forensic DNA database in Sri Lanka. Establishing a forensic DNA database in Sri Lanka raises legal, financial, and practical issues. This research observes the laws and regulations in an international context and identifies the lack of legislation in the country that concerns the legal aspects of establishing a forensic DNA database. A qualitative research methodology is adopted to collect primary and secondary data. Lack of a specified DNA identification act, legality of the DNA concerning privacy and human rights, issues in accessing, protecting, and securing DNA information, and retention and deletion of DNA information were identified as the main legal issues in establishing a national forensic DNA database. Sri Lanka must strike a compromise between the need for effective law enforcement and the preservation of private information in the establishment of a forensic DNA database.

2023-09-01T00:00:00Z Sasantha, RTS Prasadika, KGB https://ir.kdu.ac.lk/handle/345/6780 2023-11-03T02:40:52Z 2023-09-01T00:00:00Z

Adequacy of Constitutional Provisions in Sri Lanka to Recognize Custodial Death as a Violation of Right to Life: A Comparative Analysis with India Sasantha, RTS; Prasadika, KGB Custodial death is one of the worst crimes in civilized society which is governed by the rule of law. The deaths of accused/suspects remain a very controversial topic not only in a particular country or region but in the world and it has been happening for a quite long time in Sri Lanka. Sri Lankan Criminal Justice System sorely lacks substantial legislative provisions to regulate the right to life due to the fact that it is questioned whether any specific provision to address custodial deaths in the constitution. Many other nations have already recognized this right as fundamental and adopted comprehensive legislative provisions for custodial deaths. Both constitution and the Supreme Court of India have forbidden custodial torture in a progressive manner. But it is questioned whether Sri Lanka’s constitutional provisions are adequate to address this issue. Hence, there is an urgent requirement to address this issue and fix this deficiency in the existing justice delivery framework in Sri Lanka to set legitimate principles for custodial deaths. This study aims to analyse the main theoretical debates within the academic field. order to identify the current lack of custodial deaths in Sri Lanka, analyse how custodial deaths cases are handled within the framework of the Indian jurisdiction and Sri Lankan jurisdiction and use the findings of the study to make proposals and recommendations to use it in the human rights field. The qualitative method, including primary data and secondary data, was used for this research. The study concludes that there are less and no adequate constitutional provisions available in the current constitution of Sri Lanka to address issues pertaining to custodial death compared to the Indian Constitution. Hence, an urgent constitutional amendment is required to address the issue.

2023-09-01T00:00:00Z