SLIIT Journal Publications

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    ItemOpen Access
    A Blend of Arbitration and Mediation: Analysis of the Possibilities and Challenges in Utilising MedArb Practice in Sri Lanka
    (Sri Lanka Institute of Information Technology, 2024-12-31) Vithanage, P
    The ADR landscape is evolving at a rapid level across the world and one of the latest trends in such is transferring dispute resolution into Arb-Med-Arb and Med-Arb. Arbitration and Mediation are recognised as two favourable dispute resolution methods, especially in commercial dispute resolution. When considered in isolation, both mediation and arbitration have unique features. Despite a few substantive and procedural drawbacks in both methods, mediation, and arbitration have gained popularity recently. While transferring into a mixed approach of MedArb and Arb-Med-Arb is still in its infancy in the context of Sri Lanka, this paper examines the possibility of utilising MedArb practice within the existing landscape in the country. Arbitration practice in Sri Lanka has a long history and the Arbitration Act No. 11 of 1995 and its amendments suggested which are to be in force in the future lays the statutory framework for arbitration. Notably, the background for Mediation in Sri Lanka started with community mediation and now it has reached a significant milestone in commercial mediation as the enabling legislation for the Singapore Convention was enacted recently. This paper uses a doctrinal approach in dealing with primary resources as well as secondary resources when conducting the research. This paper uses an exploratory analytical method. It also includes a comparative study that examines the MedArb practice in Hong Kong as a progressive Common law jurisdiction. In its findings, the paper highlights that the MedArb practice is adaptable in Sri Lanka within the existing statutory framework and the institutional setup. However, it urges that the professionals and the commercial community pay attention to the points discussed in the recommendations for the successful functioning of the MedArb practice.
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    PublicationOpen Access
    Learning and Innovation Skills in the General English Textbook for Advanced Level in Sri Lanka: A Qualitative Content Analysis
    (Faculty of Humanities and Sciences, SLIIT, 2024-12-31) Lawrence, D; Wijesekera, H. D
    The dawn of the 21st century and the associated technological, demographic, and socio-economic changes necessitated reforms in language education to equip learners with a diverse variety of skills, commonly referred to as 21st century learning and innovation skills, in addition to content and knowledge. Language teaching material, an integral and important element in teaching/learning, must evolve correspondingly to meet the demand for these skills. Centrally developed textbooks are the primary materials used in English as a second language teaching/learning in the Sri Lankan public education system. This paper investigates the representation of learning and innovation skills (Creativity, Critical Thinking, Communication, and Collaboration) in the current General Certificate of Education Advanced Level (G.C.E. (A/L)) English textbook of Sri Lanka. Qualitative Content Analysis (QCA) was employed as the research methodology, and a coding frame was developed and utilized as the primary analytical tool. Two additional independent co-coders with diverse expertise also engaged in coding to boost the study’s trustworthiness. The findings reveal that the textbook contains a variety of activities that promote Creativity, Critical Thinking, Communication and Collaboration skills. However, the results indicate that certain subskills are not adequately emphasized to enhance the holistic development of the 21st century skills. The study offers insightful recommendations for curriculum and material developers.
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    PublicationOpen Access
    Queer Identities in The Seven Moons of Maali Almeida by Karunatilaka ( 2022) and The Song of Achilles by Miller (2019): A Comparative Analysis from a South Asian Perspective
    (Faculty of Humanities and Sciences, SLIIT, 2024-12-31) Rodrigo, D; Jayamanna, H
    This research study attempts to present a comparative analysis of the queer identities portrayed in The Seven Moons of Maali Almeida by Karunatilaka (2022) and The Song of Achilles by Miller (2019) from a South Asian perspective to examine how cultural, historical, and socio-political aspects of their respective geographical settings influence such identities in both novels and to identify the narrative techniques and characterizations used in them to portray their queer relationships. Moreover, the central questions that guide this study are: 1) how queer do the identities depicted through their main characters appear to be; and 2) and what similarities and differences emerge in the portrayal of their queer relationships. To achieve these objectives, a qualitative research approach is adopted where the data is collected by subjecting the respective novels to a thorough critical reading and extracting the relevant evidence from their narratives using critical discourse analysis. The data is analysed using techniques developed from queer theory, semiotics, and critical discourse analysis. Finally, this research attempts to reveal from a South Asian perspective the author’s expectation for the queer identities portrayed in the two relevant novels while illuminating on the fact that they both appeal for an inclusive society.
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    PublicationOpen Access
    Evaluation of Functional Characteristics of Jackfruit Seed Flour and Its Application in Developing a Nutrient-Dense Snack
    (Faculty of Humanities and Sciences, SLIIT, 2024-12-31) Gunarathna. R. W. M. M.; Samarakoon, E. R. J.; Janith, R. M. L.
    Deep-fried snacks contain high calories and fat. Jackfruit seeds are nutrient-dense and contain a high level of carbohydrates and proteins with relatively low-fat content. This study was conducted to evaluate the functional properties of jackfruit seed flour and develop a snack. Jackfruit seeds were processed using three different methods: roasting, oven drying, and boiling. Flour produced from the boiling method contained the highest moisture content (7.04%), water-holding capacity (2.08 g/g), bulk density (0.81 g/cm3 ), oil-holding capacity (2.04 cm3 /g) , swelling power (6.91%), and the lowest solubility (7.69%). Flour made from the roasting method showed the lowest oil-holding capacity (1.84 cm3 /g). The snack was prepared using the extrusion technique, and the flour mixture contained jackfruit seed flour, rice flour, and wheat flour in a 4:1:1 ratio. The frying time for the snacks prepared using roasted, boiled, and oven-dried jackfruit seed flour was 15,17, and 10 seconds, respectively. Boiled jackfruit seed flour-based snacks obtained the highest consumer preference. Proximate analysis showed that the boiled jackfruit seed flour-based snack contained 83.61% carbohydrate, 4.74% moisture, 6.46% fat, 2.90% ash, 1.70% fibre, and 0.59% protein. The result of this study demonstrated that jackfruit seed flour can be effectively utilized to produce a low-fat snack with a favourable nutritional profile.
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    PublicationOpen Access
    Coupling Therapeutic Justice with Professional Mediation for Settlement of Disputes in Sri Lanka.
    (Faculty of Humanities and Sciences, SLIIT, 2024-06-10) Gamage, T
    The concept of Therapeutic Justice examines how the legal processes and the behaviour of justice sector actors have a psychological impact on the people. The adversarial judicial system invariably calls for exercise of authority, vigorous advocacy for the vindication of rights and proceeds to jjudgment without understanding the disputants’ perceptions or emotions. This paper argues for conceptualising Therapeutic Justice into mediation as the latter recognizes the human element in conflict and the two schools of thought share similar attributes such as party autonomy and procedural fairness. The Study reviews the evidence from Eleven (11) civil cases litigated in Sri Lanka with its focus on anti-therapeutic impact on the disputants during the pre-litigation, litigation and post litigation stages of each case during the years 2021 to 2023 resulting from partaking in adversarial processes. The findings highlight the need to experiment and adopt private or professional mediation within the legal framework for Alternative Dispute Resolution (ADR) through the lens of therapeutic justice as part of judicial reforms in Sri Lanka and of the corresponding need to set up an independent and vibrant professional culture of mediation.
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    PublicationOpen Access
    Comparing Methods for Detecting Anomalous Values in Automated Laboratory Processes
    (Faculty of Humanities and Sciences, SLIIT, 2024-05-30) Madhushanka, H. M. S; Amaratunga, D
    Outlier detection is used in many domains. In automated laboratory processes, detecting anomalous values is critical for ensuring the reliability of experimental results. This study compares various outlier detection methods, including traditional statistical approaches like Mahalanobis distance, Median and mean absolute deviation (MAD), as well as modern machine learning techniques such as Isolation Forest, Angle Based Outlier Detection (ABOD), and Local Outlier Factor (LOF). The performances of these methods were evaluated using simulated multivariate data, with different types of outliers and levels of contamination. Comparisons are made using sensitivity, precision, and mainly the F2 score, a weighted metric of sensitivity and precision that gives more weight to precision. The results show that in univariate settings, the Median MAD method works consistently well. For multivariate scenarios, Mahalanobis methods with Minimum Covariance Determinant estimates and Minimum Volume Ellipsoid estimates work well even for high contamination percentages. This study highlights the importance of selecting an appropriate outlier detection method for the situation.
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    PublicationOpen Access
    Should the United Kingdom have a written constitution?
    (Faculty of Humanities and Sciences, SLIIT, 2022) Mahingoda, C. B.
    A Constitution represents an indispensable facet of the organizational structure of a sovereign entity, encapsulating the foundational tenets and regulations that underpin its existence. A comparative analysis of the constitutional frameworks of the United Kingdom (UK) and Sri Lanka reveals a conspicuous distinction: Sri Lanka operates within the parameters of a Codified Constitution, while the UK lacks a Codified Constitution and instead relies on an amalgamation of statutory enactments, judicially established precedents, and regulatory provisions, constituting an Uncodified Constitution. This legal framework within the UK has elicited considerable discourse among scholars and entities advocating for the codification of the British Constitution. Proponents assert that codification would redress issues pertaining to the equilibrium of executive powers, enhance stability, and imbue clarity, thereby establishing a more perspicuous and unequivocal framework governing the foundational principles of the state. Conversely, detractors argue against codification, contending that it may foster conservativism and anti-rationalism within the Constitution, positing it as a potentially disruptive undertaking. The confluence of these perspectives has been further accentuated by pivotal events such as the 2016 EU referendum, subsequent EU withdrawal, and associated reforms. This article undertakes a meticulous examination and deconstruction of the ongoing discourse surrounding the potential codification of the UK Constitution.
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    PublicationOpen Access
    The Legal Debate on The Commercial Use of Personal Data - A Discussion of The EU GDPR Precedent
    (Faculty of Humanities and Sciences, SLIIT, 2022) Senanayake, H. R. C. T.
    Although the adoption of the Personal Data Protection Act No. 9 of 2022 in Sri Lanka marked a significant milestone in the commercial use of personal data, the regulation of data use is often debated among international policymakers due to the inherent controversy of the subject. This is especially seen in the European Union (EU) which has a stringent data protection scheme. In light of this legal debate, the discussion in this study centres around the key concern of appropriate regulation and balancing between two competing rights, namely, the freedom to commercially utilise user data in the digital economy, and the protection of the right to privacy and protection from unlawful processing of personal data of the consumer/user. Such an academic conversation is engaged in by deliberating on the legal implications of commercial use of personal data. To this end, the essay will first examine the existing legal systems for commercially processing personal data with specific attention to the EU General Data Protection Regulation (GDPR) of 2016 and the associated case law. Next, the essay will discuss three concerns on the present protectionist trajectory of the law, and its impact on the dual role of the law in the digital economy, i.e. as a facilitator of lawful commercial use of personal data and a guardian of privacy rights of data subjects. Thereafter, the essay will discuss three concerns on the present protectionist trajectory of the law, and its impact on the dual role of the law in the digital economy, i.e., as a facilitator of lawful commercial use of personal data and as a guardian of privacy rights of data subjects. The legal analysis is centralised on the EU personal data protection regime because it is a microcosm of development in general data protection law, which is widely accepted as a global persuasive precedent on the regulation of transnational commercial use of personal data.
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    PublicationOpen Access
    Applicability of Civil Remedies in Redressing the Victims of Online Harassment
    (Faculty of Humanities and Sciences, SLIIT, 2022) Jayamaha, S.; Harasgama, K. S.; Mahingoda, C. B
    Online harassment has undoubtedly become a menace that has severe negative impacts on victims and society at large. Owing to its critical nature, jurisdictions around the world have utilized different branches of law such as criminal law, tort law and intellectual property law to redress the victims of online harassment, as well as to penalize its perpetrators. This paper attempts to analyse whether actio inuriarum under the law of delict could be employed as a corrective justice mechanism to provide redress to victims of online harassment, considering the severe emotional distress they undergo due to harm caused to their dignity, reputation and privacy. The paper adopts the view that actio injuriarum provides an effective remedy to plaintiffs for impairment of dignity, person and reputation, caused by insult. Thereby, it analyses how actio injuriarum could be utilized as a general remedy for sentimental damages suffered by the victims of online harassment. It concludes with the finding that the principles and elements of actio injuriarum are broad enough to redress the victims of online harassment.
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    PublicationOpen Access
    Development of Children and Punishments; A Review on the Legal Framework Pertaining to the Imposition of Corporeal Punishments in Schools
    (Faculty of Humanities and Sciences, SLIIT, 2022) Widanapathirana, S. H.
    Corporeal punishments can be identified as an act of coercion that is utilized to ensure compliance and discipline, which can be traced a long way back in history. It is quite well known that the same is used in various degrees to discipline children at schools and even within the unit of family. However, research suggest that such punishments may lead to devastating negative effects on the well-being of children. Thus, the claims made suggesting the fact that punishments are imposed in the best interests of the children and thereby contribute to the effective development of children may be considered to be ineffective due to lack of evidence and due the severity of the consequences of imposing corporeal punishments. Thus, the purpose of this research was to conduct a dialogue on the capability of the branch of criminal law to ensure protection for children against acts of violence within the school system. To achieve the said objective, the application of Sections 308A (1995 Amendment) and 341 of the Penal Code, among various other legal instruments within the Sri Lanka jurisdiction, were considered through utilizing the epistemological approach and the black letter approach of qualitative research. The research findings exemplified the fact that the relevant Sections which were considered within the purview of the present research has potential in terms of ensuring protection for children from acts of cruelty within educational institutions, especially schools, yet, with room for improvement.