http://repository.ou.ac.lk/handle/94ousl/3639 2026-05-16T00:56:58Z 2026-05-16T00:56:58Z Liyanage, Dasalya http://repository.ou.ac.lk/handle/94ousl/3683 2025-12-02T07:45:12Z 2025-01-01T00:00:00Z

FROM SILENCE TO SUICIDE: ADDRESSING THE PROCEDURAL FAILURE IN THE CRIMINAL JUSTICE FRAMEWORK IN PROTECTING RAPE VICTIMS AND ENSURING CULPABILITY OF PERPETRATORS IN SRI LANKA Liyanage, Dasalya In recent time, sexual violence remains a deeply rooted problem in Sri Lanka, with an alarming rise in rape cases with disturbing increase in suicides among victims. Despite the stringent statutory penalties for rape, these measures have not translated into effective deterrence or justice for survivors. This research critically examines the factual and legal barriers in Sri Lankan criminal justice framework that hinder the establishment of perpetrator culpability and successful prosecution of rape cases. This research identified key challenges including the rigid evidential standards, the adversarial nature of victim testimony, and the frequent use of aggressive cross examination which may contribute to secondary victimization. Additionally, procedural delays and inadequate investigative capacities compromise the delay in justice and further discourage victims from speak-out about the offence. This research article analyses the main issues in criminal justice procedure. This research reviews the existing legal framework in Sri Lanka (for the purposes of this research, discussions on marital rape and statutory rape are excluded) and analyse the necessary reforms by referring to Indian jurisdiction, chosen due to its common law foundation and similar socio-legal context, where legislative and procedural innovations like rape shield laws, presumptions regarding consent, and specialized fast-track courts have improved conviction rates and enhanced victim protection. Further this research argues that Sri Lanka must adopt a holistic approach that encompasses trauma informed legal practices, streamlined trial processes and the modernization of evidentiary rules to place greater emphasis on victim testimony without compromising fairness to the accused. Further, this research article discusses the critical importance of integration of psychological support services and witness protection strategy into the legal process to address the hidden social and emotional dimensions of rape. By doing so, our justice system can move beyond punitive responses and work toward preventing the tragic indirect outcomes of silence and suicide among victims. This research aims to inform legal professionals, policymakers and human rights advocates about necessary reforms to create a more effective, just and compassionate legal environment for survivors of rape in Sri Lanka.

2025-01-01T00:00:00Z Amaan, Azzrah http://repository.ou.ac.lk/handle/94ousl/3682 2025-12-02T07:44:03Z 2025-01-01T00:00:00Z

RE-POLITICIZING INVESTMENT ARBITRATION: RETHINKING STATE RESPONSIBILITY AND INVESTOR RIGHTS Amaan, Azzrah Globally, investment arbitration has become the predominant form of alternative dispute resolution (ADR) between states and foreign investors. Under the investor state dispute settlement (ISDS) framework, foreign investors may initiate proceedings against states for alleged breaches of international treaty obligations and failures to fulfill state responsibilities. A substantial proportion of these disputes are administered by the International Centre for Settlement of Investment Disputes (ICSID). One of the foundational principles of ISDS is depoliticization, defined as the removal of diplomatic and political considerations from the adjudicatory process in favour of a neutral, rules-based system. However, in practice, tribunals have often failed to incorporate the broader socio-economic context of disputes, particularly in matters concerning environmental protection, public health, or economic emergencies. The findings of this research indicate that this omission can undermine a state’s legitimate regulatory discretion and contribute to disproportionate awards in favour of investors, sometimes amounting to billions of dollars. Such awards, as evidenced in Copper Mesa Mining Corporation v. Ecuador and Tethyan Copper Company v. Pakistan, have imposed severe financial burdens on developing economies, intensified perceptions of a colonialist bias in arbitration, and neglected the rights of affected local communities. The research further finds that the structural design of ISDS limits participation to the disputing state and the investor, thereby excluding claims by local populations who may be directly impacted by the investment. Consequently, investment arbitration has evolved beyond a private contractual dispute into a process with significant geopolitical and public policy implications. These dynamics have led several states to repudiate or renegotiate bilateral investment treaties (BITs) and multilateral agreements. Methodologically, this research adopts a qualitative approach, analyzing legislative frameworks and selected case law to examine the relationship between investor rights, state sovereignty, and third-partes participation. The study concludes that re-politicization in the sense of recognizing and integrating political, social, and economic realities into arbitral decision-making is essential to ensure fairness, justice, and financial sustainability in investor–state disputes. It further recommends expanding opportunities for directly affected local stakeholdersas third-party to participate as amicus curiae, thereby enhancing transparency and ensuring that the interests of impacted communities are meaningfully represented in the arbitration process.

2025-01-01T00:00:00Z Shashindri, U. P. A. T. http://repository.ou.ac.lk/handle/94ousl/3681 2025-12-02T07:41:39Z 2025-01-01T00:00:00Z

SHIELDING THE VULNERABLE: ASSESSING THE ADEQUACY OF MINORITY SHAREHOLDER PROTECTION UNDER SRI LANKA’S COMPANIES ACT Shashindri, U. P. A. T. The protection of minority shareholders has become an increasingly critical concern in corporate governance, particularly in jurisdictions with high ownership concentration, such as Sri Lanka. In the contemporary corporate world, activists often strive to ensure that all shareholders of a company, regardless of their stake size, receive fair treatment in decision-making processes and equitable treatment within corporations, as disparities among the shareholders can lead to dissent and potential conflicts which can be injurious for the success of a company. This article critically examines the adequacy of legal safeguards available to minority shareholders under the Companies Act No. 7 of 2007 of Sri Lanka. When drawing upon the foundational common law principle of ‘Majority Rule’ laid down in the Foss v. Harbottle case, it states any wrong done to the company must be remedied by the company not individual shareholders. In other words, the company is a separate legal entity, and only the company (usually through a majority vote of shareholders) can sue to enforce its rights. This paper reconnoiters how statutory interventions have evolved to mitigate the potential for majority shareholder abuse. It also explores how the Companies Act No. 7 of 2007 and common law principles aid the protection of minority shareholders. The study analyzes key remedial provisions such as derivative actions, oppression remedies, minority-buy-out and the just and equitable winding-up mechanism. This research is based on primary texts such as legislation written on shareholder rights and case law and secondary sources such as journal articles, textbooks, research reports, past case studies concerning subject matter and comparative analysis with foreign jurisdiction UK. The essay gauges whether these statutory protections offer sufficient recourse to minority shareholders facing marginalization, unfair prejudice, or expropriation. The findings suggest that while the Sri Lankan legal framework offers several formal protections, practical enforcement challenges and judicial dogmatism may hinder their efficacy. To ensure a fair balance between majority control and minority rights it is recommended to continually develop the judicial interpretation and minority activism to the effective practice of the intent of the Companies Act of Sri Lanka which gives significant protection to the minority shareholders.

2025-01-01T00:00:00Z De Silva, S. L. Ravindi, M. O. De Silva, K. T. S. http://repository.ou.ac.lk/handle/94ousl/3680 2025-12-02T07:40:09Z 2025-01-01T00:00:00Z

CAN SRI LANKA’S JUDICIARY PROTECT TREES AS LEGAL ENTITIES? FUTURAMA OF LEGAL RIGHTS FOR TREES De Silva, S. L.; Ravindi, M. O.; De Silva, K. T. S. The concept of granting legal personhood to non-human entities, such as trees, challenges the traditional legal framework and raises critical questions about the intersection of law, ecology and ethics. In this research explores the feasibility of recognizing trees as legal entities within Sri Lankan judicial system focusing on specific categories of trees i.e. religious trees, trees of antiquity, heritage trees, protected species, public trees, and ecologically important trees rather than advocating for universal tree rights. This research critiques the current Constitutional legal provisions on environment in Sri Lanka that are restricted to directive principles of state policy and fundamental duties which are unenforceable. Further, other statutory laws such as the Forest Ordinance (1907), the Flora and Fauna Protection Ordinance (1937), and the National Environmental Act (1980) which while offering some protection, fall short of conferring enforceable rights to trees. Drawing on global precedents, including Ecuador’s constitutional recognition of nature’s rights and Bolivia’s Rights of Mother Earth, the research argues for constitutional amendments in Sri Lanka to grant legal standing to trees. Such reforms would prioritize conservation while balancing human needs, ensuring trees are protected as stakeholders in environmental governance. This research employs qualitative, normative, and applied methodologies, to interpret tree rights as an innovative legal concept. It examines existing standards and explores their practical implementation within Sri Lanka's constitutional framework. Further, data analysis relies on qualitative and content analysis, supported by primary and secondary sources to ensure validity, reliability, and credibility in assessing domestic and international environmental protections. This research also addresses practical concerns, such as legal representation for trees, by proposing mechanisms like public interest litigation, akin to guardianship for minors or incapacitated persons. By advocating for a shift from anthropocentric to ecocentric legal principles, this research underscores the cultural, ecological, and economic necessities for tree rights. It positions Sri Lanka as a potential leader in environmental jurisprudence, demonstrating how constitutional recognition of tree rights could set a global precedent for sustainable and just ecological stewardship. The findings highlight the urgency of reimagining legal frameworks to safeguard biodiversity and ensure the survival of vital natural entities for current and future generations

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