Browsing by Author "Ekanayake, L"

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Open Access
The Role of Social Media in shaping Customary International Law: Opportunities and Challenges
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Ekanayake, L; Gunawardena, V
This article examines the potential and pitfalls of using social media, specifically platforms like Twitter, to identify and shape Customary International Law (CIL). Traditionally, CIL is established through consistent state practice and a legal conviction known as opinio juris. The global shift to digital communication offers a new opportunity: public statements by states and their officials on social media could potentially serve as contemporary evidence of this required legal conviction. However, the analysis concludes that the risks associated with social media currently outweigh its potential benefits for CIL formation. Several critical challenges cloud its utility. These include the difficulty in distinguishing between a state official's personal and institutional legal views and the serious risks of misinformation stemming from hacking, diplomatic catfishing, and other forms of digital manipulation. Furthermore, social media inherently introduces biases, particularly by favouring Western democracies that have high digital adoption. This can lead to the strategic manipulation of legal narratives online. Without the implementation of robust verification mechanisms, the role of social media in articulating CIL remains fraught with ambiguity and is too unreliable to be a primary source for international law.
Open Access
Win Win Approach to Subcontracting in Building Construction: Sri Lankan Perspective
(Australian Institute of Quantity Surveyors, 2025-12-19) Pasqual, I. R; Ekanayake, L
Subcontracting has long been studied due to subcontractors’ critical role in construction. However, significant issues persist, especially in developing countries like Sri Lanka, impacting project performance. These issues between main contractors and subcontractors stem from a lack of mitigation methods incorporating relationship management into traditional practices. Furthermore, most prior mitigation strategies are not favorable to both parties. This research aims to develop a “win–win” approach to subcontracting, focusing on relationship and performance management, specifically applicable to building construction. A mixed-method research approach was employed, involving literature review, questionnaire survey, and semi-structured interviews. Quantitative data were analyzed using descriptive statistics, while qualitative data were analyzed thematically. Findings reveal that effectively managing critical factors that influence both subcontracting relationships and subcontractor performance can lead to mutually beneficial outcomes. The study identified critical factors affecting the subcontracting relationship as mutual trust, good communication, and a clear understanding of the work scope by the subcontractor, while for subcontractor performance, the critical factors include time and cost management capabilities of the subcontractor, the availability of finance and working capital for both parties, and issues such as material price increase and inflation rate when subcontractors supply materials. The findings emphasize that prioritizing mutual satisfaction throughout the subcontracting process is essential for implementation. Recommendations provided in this study aim to improve these critical factors, offering practical solutions to enhance project efficiency and individual performance. This research provides valuable insights for developing organizational policies or industry guidelines, particularly for the unique challenges being faced in developing countries.