SLIIT Journal of Humanities and Sciences [SJHS] Volume 01 Issue ii 2020

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Open Access
Advisory Opinion on Kosovo’s Unilateral Declaration of Independence: Strategic Silence by the International Court of Justice
(Faculty of Humanities and Sciences, SLIIT, 2020) Jayamaha, J.M.D.S.U
Kosovo, one of Serbia’s autonomous provinces unilaterally declared independence in 2008. In denial of such, Serbia sought an opinion from the International Court of Justice, which returned an advisory opinion stating that Kosovo’s said declaration does not violate the contemporary international law. The opinion has attracted much criticism for failing to adopt a broader interpretation of the question posed and the limited discussion engaged with, in terms of law related to the posited question. Despite the non-binding nature of the advisory opinions, and the supposedly narrow approach of this opinion, it still has posed many implications not only on the status of Kosovo but also on the development of the international law in relation. This paper attempts to engage in an analysis of the said advisory opinion, its alleged narrowness, and the wider implications it may pose to the international law and its actors, more pertinently on issues of statehood, recognition of states, territorial integrity, and future ramifications for UN peace arrangements.
Open Access
Combatting Cyber-Sextortion; Lessons for Sri Lanka from Australia and the United States
(Faculty of Humanities and Sciences, SLIIT, 2020) Harasgama, K. S.; Munasinghe, M.A.P.M.
With the world rapidly becoming digitalized and the internet being an indispensable part of human life, incidents of cyber harassment including cyber-sextortion have also increased. Cyber-sextortion often involves a perpetrator threatening to disseminate private sexual images or videos of a victim unless more sexual image/sexual favours, money or other benefit are provided by the victim. This paper analyses the adequacy of current laws in Sri Lanka in comparison with those of Australia and USA in combating cyber-sextortion. The analysis reveals that although Sri Lank lacks specific laws on cyber-sextortion, some of its existing criminal laws such as the Penal Code provisions on extortion, criminal intimidation, sexual harassment and obscene publications relating to children can be used to a certain extent to prosecute cyber-sextortion. Some provisions of the Computer Crime Act of 2007, Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act of 1998 and Obscene Publications Ordinance No. 4 of 1927 too can be used to a certain extent for this purpose. Australia, on the other hand, has targeted laws on cyber-sextortion, both at federal and state levels. At the Commonwealth level, section 474.14A of the Criminal Code of 1995 and several provisions of the Enhancing Online Safety Act 2015 (as amended) provide an apt gateway to combat cyber sextortion, while at states level, New South Wales, Northern Territory, Australian Capital Territory, Western Australia, South Australia and Victoria appear to have more comprehensive cyber sextortion laws in terms of capturing the offence. USA at the federal level does not have specific provisions on cyber-sextortion but has used non-specific provisions such as general extortion, child pornography, hacking and stalking laws for prosecutions on cyber-sextortion while at the state level, some states have introduced quite comprehensive targeted laws on cyber-sextortion, some have provisions that cover only certain types of cybersextortion. The paper concludes by proposing adoption of a targeted law on cyber sextortion outlining the key elements of a suitable law for Sri Lanka and until then to rely on non-specific provisions which are already available, in order to prosecute perpetrators of cyber-sextortion.
Open Access
Compromising Health to Gain Wealth: A Legal Response to Adverse Health Effects of Night Work
(Faculty of Humanities and Sciences, SLIIT, 2020) Selvaraj, P
Although night work has responded to a variety of social, technical, and economic reasons, it has adversely affected the health, safety, and work-life balance of such night workers. Thus, this article aims to explore the hiatus in Sri Lankan law in devising effective legal measures responding to such health issues encountered by night workers due to their engagement in irregular work time. This research is conducted as a literature review based on secondary sources approaching both qualitative and quantitative methods. The International Labour Organisation (ILO) and its recommendations provide for an effective mechanism for an organised night working culture in response to the health effects of such working community. However, Sri Lanka, not being a signatory to those Conventions, failed to address the issue through legislative measures. Further, the delinquency of statistics and medical researches on the health status of night workers in Sri Lanka also worsened the situation. Thus, the author attempts to draw a Constitutional justification to delineate the fundamental duty of the State to address the said issue and recommends suitable strategies and mechanisms to truncate the adverse health effects to those workers by drawing examples from initiatives taken by the European Union, especially from Spain.
Open Access
Emerging Challenges in Regulation of E-Commerce: An Insight of Laws in Sri Lanka
(Faculty of Humanities and Sciences, SLIIT, 2020) Balendra, S.
The growth of e-commerce in Sri Lanka is posing significant legal and regulatory challenges. The paper attempts to study and highlight deficiencies in the present legal framework regulating e-commerce in Sri Lanka. Content analysis of Electronic Transactions Act No.19 of 2006 (as amended) and other relevant legislations revealed, the existing framework recognises e-contract, e-signature, and e-documents. Still, certain drawbacks are unsettled in practice. In addition, areas like privacy and data protection, intermediary liability, security, and consumer protection are left unaddressed in the current regulatory framework. The study further identifies that the traditional dispute resolution mechanisms are no more effective in e-commerce disputes. Finally, adhering to the international standards, the paper makes key suggestions for policy and decision-makers to overcome these challenges.
Open Access
Should claims for Colonial Reparations be recognized under International Law?
(Faculty of Humanities and Sciences, SLIIT, 2020) Ratwatte, I.M.A.
The article examines the social and economic consequences of colonialism and colonial state policy, underscoring the exploitation and suffering of the colonized under such policies. The writer specifically refers to India and Sri Lanka and the human and economic costs to the two countries. The writer emphasizes that these must be acknowledged, apologized and atoned for, by the former colonial governments. Counter arguments to this are examined, as to why exactly reparations are owed in the current environment. As justification, the writer seeks guidance from the examples of two nations – the Mau Mau and the Herero, who have obtained reparations as examples of marginal success. Yet, in these small ‘victories’ too, there is much to be desired. In conclusion, the writer suggests that the international community should take note of this very poignant, ignored and pivotal aspect of collective human rights and strongly recommends that action be taken immediately to provide redress for a most damaging, longterm phenomenon which is already fading from the consciousness of the colonizers. The writer proposes that the Right to Reparations be made an integral part of International Law, be made a Fundamental Human Right recognized by a duly signed International Convention which should constitute a specialized Tribunal to adjudicate such claims.