Browsing by Author "Mahingoda, C.B"

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Open Access
Critical Analysis of the Eroding Threshold: Anticipatory Self-Defence and the Imperilment of IHL Integrity in the Iran-Israel Situation
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Senaratne, R; Mahingoda, C.B
This paper critically analyzes the doctrinal evolution of anticipatory self-defence (ASD) and its corrosive impact on the integrity of International Humanitarian Law (IHL). Through a case study of the Iran-Israel situation, the authors argue that ASD has been strategically expanded from a narrow, customary law exception into a broad doctrine of preventive force. This shift, exemplified by state practices such as the "Bush Doctrine" and Israel's "Begin Doctrine, " has led to an inflation of the key thresholds of imminence, necessity, and proportionality. The paper identifies two dangerous patterns: "Imminence Inflation," where speculative threats are legally re-cast as imminent, and "Proxy Attribution," where states attribute the actions of non-state actors to sovereign rivals to justify direct strikes. The analysis demonstrates how this erosion of jus ad bellum principles directly imperils jus in bello, facilitating violations of distinction andproportionality, enabling the avoidance of IHL obligations, and undermining civilian protections. The paper concludes that this trend destabilizes the UN Charter's prohibition on the use of force and weakens the collective security system. It calls for a urgent recommitment to clear legal thresholds and multilateral review mechanisms to restore the primacy of law over pre-emptive force.
Open Access
Intellectual Property Rights in the Era of Artificial Intelligence: Navigating the Challenges and Expanding the Boundaries
(Faculty of Humanities and Sciences, SLIIT, 2023-11-01) Mahingoda, C.B
This article delves into the tangled web of artificial intelligence (AI) and intellectual property (IP) rights. It investigates the issues raised by AIgenerated works such as machine-generated art, music, and literature, as well as the issues of ownership and authorship in these cases. The essay also examines the influence of AI on conventional intellectual property domains such as patents, copyrights, and trademarks, as well as the legal and ethical consequences of AI-driven innovation. This article provides ways for balancing IP protection and supporting innovation in the AI age by studying case law, international treaties, and developing policy.
Embargo
UK Constitution: Should it be Codified
(Faculty of Humanities and Sciences, SLIIT, 2022-09-15) Mahingoda, C.B
A Constitution is a vital part of a State, as it encompasses the fundamental principles and rules upon which a state exists. Considering the Constitution of the United Kingdom (UK) and the Constitution of Sri Lanka, there is an apparent difference: Sri Lanka operates upon the powers derived from a Codified Constitution, whereas the UK does not have a Codified Constitution but rather an array of legislation, judge-made laws and regulations. The system of laws and regulations within the UK has been encompassed in an Uncodified Constitution. Several academics and organizations have advocated for the codification of the British Constitution based on a balance of the power of the executive, stability, and clarity hoping to provide a clearer and more straightforward arrangement of the fundamental rules and principles according to which the state is established and governed. However, other scholars have contested it on the basis that it would make the Constitution conservative and anti-rationalist, and that it would be a rather disruptive process. The EU referendum in 2016, the EU withdrawal and other reforms have further added to this debate. Within this article, we closely observe and dissect the ongoing debate on the codification of the UK Constitution.