Papers by K A A N Thilakarathna
This paper delves into the transformative impact of AI technologies on university education, focu... more This paper delves into the transformative impact of AI technologies on university education, focusing on both the opportunities and challenges presented by these advancements. It outlines how AI enhances educational access, efficiency, and personalization in Sri Lankan universities by streamlining research processes, creating tailored learning experiences, and improving the quality of academic writing. However, it also addresses significant challenges, including academic dishonesty, over-reliance on AI, and data privacy concerns. To mitigate these risks, the paper advocates for clear policies, transparency, and proper training on the ethical use of AI, emphasizing the need for balanced integration to foster critical thinking and independent research skills. Additionally, it highlights the role of AI in exam preparation through adaptive learning platforms and AI-powered tutoring systems, while noting the importance of equitable access and data protection. The paper concludes with comprehensive guidelines for the ethical use of AI in academic settings, promoting transparency, honesty, fairness, and proper documentation of AI usage. These guidelines aim to foster responsible AI use, ensuring that technological advancements contribute positively to student learning while upholding academic integrity. A detailed sample guideline for the ethical use of AI by university students is provided at the end to help institutions navigate these complex issues effectively.
Please note: citations are provided as a general guideline. Users should consult their preferred ... more Please note: citations are provided as a general guideline. Users should consult their preferred citation format's style manual for proper citation formatting.
University of Colombo, Dec 1, 2020
Negombo Law Journal, 2019
This paper concerns with the emerging trends in use of Hansard as a guide to interpretation.
A trademark which helps to distinguish goods of one undertaking from that of another is an import... more A trademark which helps to distinguish goods of one undertaking from that of another is an important stimulus for manufacture of goods and services. In particular when it comes to well-known trademarks, the value attached to the mark exceeds the total value of assets of such an undertaking. A strong protection for these trademarks are required to protect the interest of the owners of these trademarks. The Intellectual Property Act No 36 of 2003 governs the law relating to the protection of both trademarks and well-known trademarks. As a member state to the TRIPS agreement, Sri Lanka is obliged to meet the minimum standards set out in the TRIPS agreement regarding the protection afforded to intellectual property rights in order to enjoy the benefits granted by the agreement. This paper is aimed at answering the questions of,what is the current status of the law relating to the protection of well-known trade marks in Sri Lanka, its international obligations, protections afforded to well-known trademarks through exclusive and additional measures, the limitations of the current system and some possible reforms that could be made. The research is conducted using a qualitative method, where it uses the primary legal sources of the Intellectual Property Act No 36 of 2003, the Trips Agreement and the decided case law. As secondary data, it uses the commentaries given on the relevant sections by reputed authors.The results of the research indicate that, most of the provisions of the IP Act are compatible with the TRIPS agreement. However, the results also indicate that, with regard to the protection of well-known trademarks there are some lacunas, such as unregistered marks not having exclusive rights, non-registrability of sound marks and the non-availability of a single application process for multiple registration in different countries. It is therefore suggested that these lacunas be remedied.
The concept of solidarity as advanced by Durkheim in the 18 th century concerns about the totalit... more The concept of solidarity as advanced by Durkheim in the 18 th century concerns about the totality of a given society in which it tries to work together as a cohesive unit. Durkheim observed that at the initial stages, that is to say in the primitive societies people bonded together because of their similarities. As most of the people in a tribe or a clan in those periods were selfsufficient and their needs and wants being limited in nature, they were capable of surviving on their own and hence they formed alliances with one another out of their similarities. This was termed as mechanical solidarity. Durkheim observed that, during these periods laws were stringently applied and that any deviant behaviors were heavily condemned and retributive justice was considered to be the norm. However, as the societies grew in numbers, the similarities which existed among the people in a tribe or a clan soon started to disappear and more and dissimilarities and differences among them began to arise. With these latter developments, the unity of the society was protected by a different kind of solidarity, which is termed as organic solidarity. Under this particular system social unity is based on a division of labor that results in people depending on each other. As one person became dependent on another the relationships which existed prior to such change of circumstances were not able to provide for the rather complex relationships which started to develop with the division of labor, where each person was somehow, or the other produced a commodity which was to be exchanged with other commodities in which the exchange of ones capabilities with another became the norm of a society. Durkheim explained that, even with these differences people had to work together under an organic solidarity to make sure of their future existence. Durkheim observed that, during these periods, the laws are made not so with a retributive aim but with a rehabilitative aim, in which offenders or deviants are rehabilitated so that they can be re-released to a given society where once again they can become productive individuals. Using a black letter approach, this paper tries to evaluate the theory of solidarity as advanced by Durkheim in a conceptual manner with the prevalent realities of the modern society. In doing so this paper looks at the contemporary arguments which have been put forward both for and against the ides presented by Durkheim with regard to his idea of solidarity. From these contemporary writings it has been found that, though not in its entirety, the Durkheimian concept of solidarity still holds true with regard to the working of or keeping a society together admits all of its differences.
The pure theory of law as advanced by Hans Kelsen endeavour to explain the law as it is pure from... more The pure theory of law as advanced by Hans Kelsen endeavour to explain the law as it is pure from the impunities of morality, justice, equity and other types of blurry subject matter. This theory is based on the relationship of norms, where the grundnorm of a given legal system has the ability of empowering all the subsequent norms below it. The constitution, being the supreme law of the country, is recognized as the grundnorm in many of the countries whether you label them as democratic or not. While the change in constitutional order, if done according to the constitutional provisions themselves, if it is done otherwise can pose serious questions related to the legal validity of such a new order. In order to explain this phenomenon, Courts have often made recourse the Kelsen’s pure theory of law. Therefore, this article examines how courts of law in different jurisdictions have use the pure theory of law in explaining the constitutional orders through revolutionary forces.
International law had had a profound impact and influence on the domestic legal system in the con... more International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.
The concept of corporate governance can be defined simply as how companies should be managed. The... more The concept of corporate governance can be defined simply as how companies should be managed. The Companies Act No 07 of 2007 made significant changes to the then existing company law legislation and departed from the roots of the English Law that was the basis of our company law up to then. With the introduction of new Companies Act, the legislators were able to encapsulate the conceptual framework to have in place a better mechanism for having a good system of corporate governance. This helped to better facilitate the growth of corporate governance. With regard to corporate governance, the board of directors plays a vital role. They are responsible for the management of the company. They are entrusted with the capital of the shareholders. As there is a division between the ownership of the assets and its management the concept of corporate governance helps to balance out the conflicting interest that the parties may have. The Act has recognized recognized many duties and obligatio...
US-China Law Review, 2019
Classical school of criminology tries to explain the crime causation and the methods adopted to c... more Classical school of criminology tries to explain the crime causation and the methods adopted to control them in their own rationalization. It developed as a separate school of though in the 17th and 18th century which rejected the somewhat barbaric methods used under the pre-classical era which was heavily influenced by the demonological thought and the classical school changed this idealism with the rational choice theory which advocates that humans as rational beings have free will to decide on their actions or omissions. This article is written with a Sri Lankan perspective as to how the ideas of classical school of criminology has found its place in the administration of the criminal justice system in the country. When one considers the development of the criminal laws in Sri Lanka, it is solely based on the English common law principles and developed through the statutes. This article focuses on the Sri Lankan criminal justice system and how it has incorporated some of the ideas as advanced under the classical school of criminology.
Sabaragamuwa University Journal, 2019
The world is facing many challenges and some of them directly relates to the survival of the mank... more The world is facing many challenges and some of them directly relates to the survival of the mankind. The environment is degrading at rates never seen before and this is one such question that has created a discourse on the protection of the environment at a global level. For a small country like Sri Lanka with riches of environmental beauty and the bio-diversity, the degrading of its environment has causes serious concerns. One can argue that, this could be due to the lack of a justiciable right to a healthy environment meaning that no one as of a right can claim for a healthy environment. The fundamental rights chapter found in the 1978 Constitution of the Democratic Socialist republic of Sri Lanka does not have provisions to protect the environment under it and while the directive principles recognizes the importance of the environment and the corresponding duties of the citizens of the country to protect and safeguard it, it is however, not justiciable meaning not enforceable in...
Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and... more Right to franchise being as fundamental as it can be is a cornerstone of a democratic society and a denial of such a right through postponement could never be circumvented by placing before such institutions such restrictions or constraints that are related to the economy of a country, which in itself indicates the need for changing the government or its people who have brought a country to its knees through such haphazard economic policies which has led to such catastrophic events. This paper endeavors through a qualitative method using a doctrinal approach to evaluate the primary sources of law in the Sri Lankan legal system, inclusive of inter alia. the Constitutional provisions, statutory provisions, and the decided case law. In the discussion, it is both well founded and established that the right to franchise, even at the local governmental level is not really allowed under the existing laws of the country, nor could they be justified under any other presumed disguised pointing out that the severe economic crisis that has occurred.
ICT  is made up of certain basic elements. The elements have all been present since the birth of... more ICT  is made up of certain basic elements. The elements have all been present since the birth of the technology, but their relative significance and their visibility are still changing. The elements are automation, information, communication, integration, and sensation. 1 The ICT sector includes computer hardware and software, tele communications, consumer electronics, and Internet-based contents, applications and services. 2 ICT stands for Information and Communication Technology, that is, technologies that store, transmit, and/or process information and communication. Although the term can be read literally to include all kinds of information-processing technologies, such as printing presses, Xerox machines, and abacuses, the term is generally used to indicate "modern" or "high" technology, electronic dataprocessing technologies.
International Journal of Law, 2020
The law relating to statutory rape in Sri Lanka is governed by the Penal Code No. 02 of 1883 by a... more The law relating to statutory rape in Sri Lanka is governed by the Penal Code No. 02 of 1883 by an amendment brought to it under Act No 22 of 1995. According to the amended section 363 (e) of the code, whosoever has a sexual intercourse with a girl who is under the age of 16 whether such sexual intercourse is carried out with or without the consent of such a girl shall be guilty of rape. In this instance, the law considers that the matter of consent is immaterial viz regarding the attribution of liability upon the culprit. While this being said, the Courts in Sri Lanka has taken the view that despite the fact that statutory rape carries with it a minimum mandatory sentence of 10 years imprisonment, that regard must be had to the circumstances of the case and that whatever punishment to be given shall not be excessive so as to breach the fundamental rights guaranteed to individuals under the Constitution. In light of the above circumstances, this paper discusses the jurisprudential basis for the recognition and punishment for the offence of statutory law under the laws of Sri Lanka.
Negombo Law Society, Dec 1, 2020
University of Colombo, 2021
The military is considered as a society of its own with their codes of conduct and rules applying... more The military is considered as a society of its own with their codes of conduct and rules applying in a different manner than their civilian counterpart, where the aim is to maintain strict discipline in the military system itself, ready to fight a war when the country is at the blink of nihilated. When it comes to the military justice system, it is also built upon the notion of maintaining strict discipline within the military system, where swiftness and efficiency of justice is considered as a paramount concern. The military justice system consists of two main mechanisms which are introduced to achieve this end, which includes a Court Martial and a Summary Trial. While a Court Martial is more aching towards an ordinary mechanism of delivering justice as we find within the civilian society, except for the fact that only persons subjected to military law are brought before them, a Military Summary Trial is something which is unique and distinctive as the commanding officer concern is given a wide variety of power and discretion in conducting and delivering an appropriate judgement in such a trial. By employing a doctrinal approach founded in the qualitative methodology, this research endeavour to critically comment on the applicability of natural justice in conducting such a trial and whether tilting the balance of those scales could be justified within the military justice system. The results reveal that, while the military justice system is both unique and distinct from what you would find in a civilian society, lowering down the scales of natural justice even within a Military Summary Trial cannot be entertained, and therefore, it requires a revision of the existing procedures to maintain the scales of natural justice untitled at whatever occasion.
Sri Lanka is appreciated for its natural beauty and its biodiversity as being one of the hot spot... more Sri Lanka is appreciated for its natural beauty and its biodiversity as being one of the hot spots in the world. Its picturesque environments are a great asset to its people and the abundance of wildlife resources it has is second to non-other. However, due to the increase in the struggle between the wildlife and human beings, this escalating conflict has resulted in violent interactions between the two, where both the parties have made the ultimate sacrifice with their lives. In particular, the Human-Elephant and Human-Crocodile conflict has created much controversy from socio, economic and political aspects in the country. Therefore, this research is focused on suggesting methods of turning this conflict between human beings and the wildlife in to one of coexistence with a critical review of literature and the study reports that have been produced both locally and internationally by using a qualitative method. The results reveal that, the conflict is more diverse than one might think as the conflict has now become human-wildlife-human conflict, where there is a conflict between who are trying to save the wildlife from the humans and the others who are trying to save their lives and crops from the wildlife. This triparty conflict has made matters very complicated and therefore, it is suggested that the existing laws and regulations be amended and be made more realistic in order to protect both the wildlife and the human beings of the country, where the existing rules and regulations of the British Era has taken a more biocentre approach which seems unworkable in the modern times.
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Papers by K A A N Thilakarathna