International Conference on Law and Justice [ ICLJ] 2025

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Open Access
Theoretical Foundations for Judicial Activism: Some Jurisprudential Perspectives
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Thilakarathna, A; Seneviratne, W; Abeysekara, T
Judicial activism has emerged as one of the most debated themes in contemporary jurisprudence, reflecting tensions between judicial restraint and the judiciary’s evolving responsibility to protect rights, fill legislative gaps, and respond to social transformation. This paper explores the theoretical foundations of judicial activism through the lens of four major schools of legal thought: natural law, legal positivism, sociological jurisprudence, and realism. From a natural law perspective, judicial activism gains legitimacy by grounding legal interpretation in morality and the pursuit of justice, particularly where legislative inertia undermines rights protection. In contrast, strict positivism resists activism by prioritizing the sovereign command, yet even withinAustin and Hart’s formulations, space is found for judicial creativity through the recognition of open-textured rules and penumbral areas of law. Sociological jurisprudence situates activism within the broader project of social engineering, encouraging judges to adapt legal rules to shifting economic, political, and social realities. Realism, meanwhile, most directly acknowledges the judicial role in shaping law, emphasizing the judiciary’s practical influence in transforming statutory texts into living norms. Methodologically, the paper employs a doctrinal approach,analyzing jurisprudential theories, judicial reasoning, and key cases to assess the scope andjustification of judicial activism in the protection of human rights and the domestication of international legal obligations. The study concludes that judicial activism, when grounded in principle and institutional responsibility, is not an aberration but a vital judicial function, ensuring the law remains responsive to evolving societal demands and constitutional imperatives.
Open Access
Reshaping Sri Lankan Intellectual Property Law: The Influence of Artificial Intelligence
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Fonseka, S
As Artificial Intelligence (AI) systems increasingly perform autonomous creative and inventive functions, the foundational concepts of authorship and inventorship in intellectual property (IP) law are being challenged. This Article explores the complex intersection between AI and intellectual property (IP) rights. Additionally, the article examines the impact of AI on copyright and patent regulations, specifically within the context of the Sri Lankan legal framework. It critically examines the challenges surrounding authorship and ownership of AI-generated works. The central research questions address whether AI-generated works can qualify for authorship and receive copyright protection; how inventorship is determined in AI-generated inventions; whether non-human creators can be legally recognized; the adequacy of the existing IP regime in Sri Lanka; and the reforms required to build a future-ready, balanced legal framework. A doctrinal and comparative approach was employed to analyse gaps in statutes and trends in judicial decisions across various jurisdictions. Therefore, the study highlights legal and ethical concerns arising from AI-driven innovation by analysing relevant case law, international legal instruments, and evolving policy frameworks. The results indicate an urgent requirement to revise definitions related to authorship, originality, and inventive step to incorporate contributions from non-human entities. The study concludes by suggesting a legal framework that is prepared for the future, aiming to harmonize innovation, ethical considerations, and the rights of human creators in the era of digital advancement. The paper ultimately proposes strategies to balance protecting intellectual property and fostering innovation in the era of artificial intelligence.
Open Access
Goodbye Postal Rule denovo Dimensions of Service of Summons in Civil Suits in Sri Lanka through technological frontiers
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Rathnapala, I; de Silva, T
Serving of summons could be treated as the most crucial elementary step of the life cycle of a civil suit in Sri Lanka. The Civil Procedure Code of Sri Lanka, which is at its 136 years of age, encountered a significant shift forward, particularly with the advent of Civil Procedure Code (Amendment) Act No 43 of 2024. In the spirit of the said Amendment, service of summons through electronic mail is allowed in Civil litigation in Sri Lanka from 2nd August 2024, if the Plaintiff wishes to resort to that technological step, subject to the production of all necessary documents to the relevant Court in the electronic form. The said Amendment has significantly altered the format of a proxy which was encapsulated in the 1st schedule of the Civil Procedure Code since its original enactment. Moreover, the applicability of postal rule heavily relied upon by the litigants in the Island to prove the service of summons, for a prolonged period will be inclined towards an obsolete stage, with the revolutionary provisions introduced for the Civil Procedure Code. In the above backdrop, this Article critically evaluates the significant changes made on the service of summons in Sri Lanka and whether the messaging applications popularly used by the public domain could be utilized to constitute a valid service of summons in the future. This paper is enriched with the judicial wisdom envisaged from neighboring India on the scope of the instant study and proposing reforms of the subject matter.
Open Access
Anthropocentricity and Copyright Protection; A Theoretical Emphasis on the Human Authorship Requirement in Copyright after Thaler v. Perlmutter
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Widanapathirana, S. H.
The rapid development of Artificial Intelligence (AI) has created new avenues for creativity across diverse fields. While expanding the horizons of creativity, AI has also introduced a plethora of challenges to the intellectual property law regime. Copyright protection, as a cornerstone of intellectual property law, safeguards the moral rights and economic rights of authors who create original artistic, literary or scientific work utilising independent skill, thought and efforts. Thus, creations generated by utilising AI models via prompting, conflicting notions surrounding the ownership and authorship of the rights attached to such creations have been subjected to extensive debates. The recent decision in Thaler v. Perlmutter by the Court of Appeal for the District of Columbia Circuit has decisively addressed the debate pertaining to the ownership of copyright in AI generated works. The judgement cemented the view that copyrightfor works that are generated by AI platforms cannot be attributed to the AI system itself,depicting the quality of anthropocentricity. Thus, by employing the doctrinal and explorative approaches in qualitative research methodology, this study methodologically evaluates the judgement in Thaler v. Perlmutter with the goal of developing a conceptual foundation for the domain of authorship and property rights for AI generated works. The study drew upon the natural rights theory and personhood theory of intellectual property law for the purposes pertaining to the evaluation. The findings depict that Thaler v. Perlmutter reinforces the necessity of human authorship for copyright protection portraying conformity with the theoretical underpinnings of intellectual property law. At the same time, the study recognizes emerging calls for legal reforms to accommodate the evolving nature of creativity motivated by AI-relatedtechnologies.
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
Bleeding in Silence: A Rights Based Argument for Legal Recognition of Menstrual Leave in Sri Lanka
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Konara, N
It is widely accepted in international human rights that pregnancy and motherhood should not prevent a woman rom right to work. Being a state party to numerous international treaties, Sri Lanka has recognized maternity leave in both during a birth of a live child and a miscarriage under Maternity Benefits Ordinance No.32 of 1939. Nevertheless, a woman’s reproductive and sexual health goes beyond motherhood, including menstruation and menopause. Hence, in this article, researcher argues that this narrow legal approach on reproductive health should be revisited by legally recognizing menstrual leave in Sri Lanka. The study adopts normative judicial approach by employing existing primary and secondary sources.
Open Access
The Feminist Response to Online Safety for Women; A Comparative Analysis Between the United Kingdom and Sri Lanka
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Senadheera, A. S
This article explores how feminists have responded to concerns about online safety while comparing the regulations governing online safety in Sri Lanka and the United Kingdom. The data analysis in this essay about online harassment and feminist rights is based on qualitative methodologies. Through the feminist lens, it explores how different types of feminist theories address technology's role in oppressing and empowering women. Additionally, this study has demonstrated how international legislation is interpreted to protect women's rights online sphere. The article has explored the effectiveness and limitations of current policies in addressing gender-based violence and harassment online within UK and Sri Lanaka. This article aims to address mistreatment of women in online environment in Sri Lanka, identifying areas that theAct failed to address concerning women's safety within online space. The research concludes by highlighting the significance of feminist viewpoints and the need for active organizations in creating successful online safety regulations and arguing for legislative and policy changes that enhance the protection of women's rights such as freedom of speech and privacy in the digital age.
Open Access
A Right to Explanation for Algorithmic Credit Decisions in the UK
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Lui, A
Algorithmic processing of credit data is widely used in UK banks. ‘Algorithmic processing’ refers to the processing of personal and non-personal data by automated systems. This includes artificial intelligence (AI) systems such as machine learning models. The widely used description: ‘black box’ phenomenon, refers to the challenges of how and why algorithms arrive at a decision, given specific data input. The phrase ‘black box’ is used because such machine learning algorithms are very complex and constantly adapt to new input through ‘deep learning’. ‘Deep learning’ is a sub-set of machine learning. It allows computers to learn and think independently. In ‘deep learning’ technology, the decision-making process is often opaque and difficult to explain in a way that can be easily understood by humans. This inscrutability can lead to distrust in algorithms. The stakes are especially high when such algorithms are applied to decisions on access to finance because some of the most inscrutable machine learning models are used.
Open Access
The Missing Piece: Protecting Fictional Character Merchandising Through Intellectual Property Rights and the Need for a Global Sui Generis Law
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Dasalya, B.L.D.
This article examines the legal complexities surrounding the merchandising of fictional characters, with a particular focus on the globally recognized character of Barbie. In the absence of a sui generis legal system governing character merchandising, the owners and the rightful holders are dependent on existing intellectual property (IP) laws to protect their fictional creations. Through legal analysis and selected case studies, the article evaluates the strengths and limitations of each IP regime in offering effective protection by focusing on trademarks, copy rights, industrial designs and patents. Using Barbie as the central fictional character, this article illustrates how these IP rights may be strategically combined to construct a comprehensive protective framework. While these IP regimes collectively offer protective mechanism for fictional characters, this article also discusses the practical challenges such as overlapping scopes and territorial limitations that may hinder consistency and effectiveness of protection. In conclusion, this article argues for a sui generis legal framework to address the distinctive needs of fictional character merchandising in modern commercial and legal environments.
Open Access
Consent in Sexual Offences: A Comparative Analysis of UK and Sri Lankan Law
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Harasgama, K; Jayamaha, S.; Mahingoda, C. B
Consent is a vital element in sexual offences, acting as a crucial determinant in differentiating consensual sexual activities from illegal acts. This condition emphasises that sexual activities must entail voluntary, informed consent, so aligning with broader human rights standards of personal autonomy and the ability to make uncoerced choices. The study endeavours to provide a comparative examination of the legal framework concerning 'consent' in the UK and Sri Lanka, while critically assessing the strength of the current laws. Sexual Offences Act of 2003 in the UK employs a nuanced approach, whereas Sections 363 and 364 of the Penal Code of Sri Lanka are restricted in scope. The study reveals that UK and Sri Lankan legislation possess core similarities regarding 'consent' in sexual offences, however they diverge considerably in their different scopes. The paper examines the vitiating factors of 'consent' in detail, identifying capacity to consent, intoxication, regulations concerning minors and vulnerable individuals, such as those with mental disorders, and instances of deception as recognised by law as undermining the element of 'consent' and impacting the Defendant's culpability, despite variations in the scope addressed by different legal statutes. While the Penal Code has several useful provisions, Sri Lankan law comparably has weaker statutory safeguards and problematic exclusions. The paper concludes by suggesting that Sri Lanka needs comprehensive changes that prioritise continuous consent, establish presumptions, and recognise incapacitating situations like unconsciousness and intoxication to minimise these gaps.
Open Access
Establishing Social Justice Through Establishing Anti-Corruption Laws in Sri Lanka: A Rights-Based Analysis.
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Ranaweera, M
Corruption in Sri Lanka presents a deeply entrenched social phenomenon that poses a substantial threat to social justice. This paper critically explores corruption and key principles of social justice namely equity, diversity, participation, and human rights within the framework of Sri Lankan law and governance. Even though the constitution guarantees and a intends to safeguard democratic values and human rights, widespread and systemic corruption continues to undermine the effectiveness of these protections. The analysis situates corruption not only as a legal violation but as a socio-political condition that creates, socio-economic inequalities, and restricts access to justice, particularly for marginalized communities. The legislative instruments such as the Bribery Act, the Commission to Investigate Allegations of Bribery or Corruption Act, and constitutional provisions on fundamental rights, the study evaluates the extent to which Sri Lanka's legal framework addresses corruption as a barrier to social justice. It further investigates the practical limitations of anti-corruption mechanisms, including political interference, lack of enforcement, and public disillusionment with state institutions. The paper also considers the broader implications of corruption for participatory governance, noting how it erodes public trust and discourages civic engagement in democratic processes.
Open Access
Exploring the Kelson’s Pure Theory of Law beyond the Philosophical Value
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Kodithuwakku, K N K R
Jurisprudence is the philosophy of the law, which delivers an interesting narrative by analyzing law from different perspectives. As far as positivism is concerned, this is one of the luminescent schools of jurisprudence among other ideologies. German Positivism ideas differ from the British Positivism since it neither considers ethics nor facts. Kelson is one of the frontline scholars who introduced the Pure Theory of Law by enriching the Jurisprudence widely, while influencing other scholars to contribute to the legal system. Even though this eminent philosophy fattened the Jurisprudence, still there are some existing conundrums which did not fathomed by the Kelson. This paper intends to discuss the nature of the pure theory while focusing on the effectiveness and validity of Kelson’s basic norm with the separability thesis to identify the practical issues for better application.
Open Access
The Rights of Cohabitants in the United Kingdom: A Comparative Analysis of Legal Protections for Spouses and Civil Partners
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Gamage, T
Despite the emerging trend of cohabitation, cohabitants enjoy a limited array of rights when compared to the position of spouses and civil partners in the United Kingdom (UK). This research is centred to addresses the disparity in legal protections between cohabitants, spouses, and civil partners by examining how current laws fail to provide equitable rights for cohabitants compared to those in formalized relationships in the UK. The methodology follows library-based desk research by accommodating comparative legal analysis enriched with in-depth examination of existing UK laws related to cohabitants, spouses, and civil partners, in identifying key legal disparities. This article delves in to the loopholes in the reforms introduced to restructure the laws on the rights of cohabitants mainly for not attaining the implementation stage. The analysis of the other jurisdictions including Scotland, Australia, New Zealand, Spain, Germany, France, and Northern Ireland evidenced cohabitants enjoying the rights equivalent to spouses and civil partners. In placing cohabitants in the legal arena as spouses and civil partners, this paper recommends the introduction of a Hybrid scheme, a combination of opt-in and opt-out schemes followed in the said urisdictions. This scheme will entail proper provisions in the regard of a series of rights that cohabitants were distanced from the present legal system of the United Kingdom.
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
Legal Research in Sri Lanka- Legal Professionals and Academics
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Swaminathan, J. M.
Legal research lies at the heart of legal scholarship and the advancement of justice. In this address, Dr. J. M. Swaminathan draws upon over six decades of distinguished professional and academic experience to examine the evolution of legal research and its relationship to legal scholarship in Sri Lanka. The discussion traces the development of legal education and the legal profession from the early twentieth century to the present, reflecting on how legal research has shaped both legal thought and practice. It identifies the principal forms of legal research: qualitative doctrinal and non-doctrinal studies, empirical and policy-oriented analysis, law-in-context approaches, and comparative and historical perspectives, and explains their respective contributions to law reform and the wider understanding of law as a social institution. Dr. Swaminathan pays particular attention to the role of doctrinal legal research in advancing subject areas such as intellectual property law, illustrating this through case analysis and discussion of legal reform. The address also explores the increasing significance of interdisciplinary and sociological approaches to legal inquiry, underscoring the importance of strengthening the culture of rigorous, context-sensitive research among Sri Lankan legal professionals and academics.
Open Access
Rewriting Delictual Liability in the Age of AI: Assessing Negligence for Physical Harm Caused by AI Driven Robots in Sri Lanka
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Dharmawardhane, D; Jayamaha, S
Where an Artificial Intelligence driven robot causes physical injuries to human beings, Aquilian action under the law of delict shall be applicable by default considering that there are no statutes or case law governing such incidents. Nonetheless, the application of the traditional delictual law doctrines in this context is difficult or rather impractical due to their inherent characteristics such as lack of explainability, unpredictability, autonomy, and multi-party involvement. The objective of this paper is to analyse the aforesaid issue and provide recommendations to resolve the matter.While the paper indicates how conventional Aquilian action fails in this context, it offers recommendations to incorporate recent developments in the field of AI and judicial/ legislative requirements.