Appellate Law Recorder |
 | This is a quarterly publication on relevant judgments by Sri Lankan courts in public, civil, criminal and constitutional law. Novel features of this publication include the summaries of the judgments in Sinhala and Tamil, a glossary of words and phrases as well as the inclusion of critical reflections on the judgments published. The aim of this publication is to bring the development of law closer to Sinhala and Tamil legal practitioners.
Ed: Dr J de Almeida Guneratne, P.C. SLR 190.00 Previous Issues : ALR |
| JOINT SINHALA-TAMIL TRANSLATION OF – ‘Window-Dressing’?: The national Human Rights Commission of Sri Lanka by B. Skanthakumar |
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| (Originally published in the LST Review on the theme ‘Dysfunctional Oversight: Continuing debates on Sri Lanka’s Human Rights Commission’, v.20, n.262, August 2009.)
In recent years, violations of international humanitarian law, extra-judicial killings, abductions and ‘disappearances’, verbal and physical attacks on journalists and human rights defenders, spiraling intolerance for dissent, and wanton disregard for constitutional provisions and democratic norms have come to epitomise Sri Lanka’s human rights environment.
In this context, the expectations on the National Human Rights Commission of Sri Lanka are inevitably greater; and its alarming unwillingness to recognise the urgency and seriousness of the human rights crisis, are of greater disappointment and enormous concern.
This paper is a review of the role and impact of the Human Rights Commission of Sri Lanka. |
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| How to Audit Foreign Debt: An Activists' Manual |
 | This manual has been designed and written by global justice activists from around the world for the use of other activists. It explains the significance of external debt within developing countries, and in their relations with international financial institutions and donor countries. It argues that citizens and future generations should not be liable for illegitimate or ‘odious’ debts, that have been illegally or wrongfully contracted or misused by government.
An audit of the external debt in each country is necessary to differentiate between legitimate and illegitimate debt, and when conducted by social movements, can become a tool for popular education on issues of debt, development and democracy. Therefore, the manual outlines the methodology for conducting a debt audit, and its technical, legal and political dimensions.
Published by LST on behalf of the Committee for the Abolition of Third World Debt (CADTM); South Asia Alliance for Poverty Eradication (SAAPE) and Vikas Adhyayan Kendra (VAK)
SLR 350.00
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LST Occasional Paper Series 2009 - Paper 2 Arm of the Law - R.K.W. Goonesekere |
 | This Paper chronicles the role of the judiciary since before the independence of Sri Lanka, and the ramifications of judicial power as exercised under different constitutions since independence. The paper is generous in citing a wealth of cases (including unreported ones) to elucidate its arguments. Earlier on in the paper it addresses such issues as the substance of judicial control of administrative acts and the influence the judiciary or Parliament has in lawmaking. In the latter part the paper discusses at length the more recent disposition of the judiciary in fundamental rights jurisdiction, also using what it calls a ‘new doctrine’ that incorporates certain perspectives of rule of law, administrative law and public interest litigation. The Paper is however not intended as a comprehensive account of the topics it covers. SLR 225.00 |
LST Occasional Paper Series 2009 – Paper 1 Legal Development, Good Governance and the Rule of Law - Sriyan R. de Silva |
 | This Paper covers some of the critical issues and conditions which underpin the development of an entire legal system. A legal system includes not only the substantive laws themselves but also the system of administration of justice and the enforcement of laws. The existence of the conditions that should be satisfied to ensure legal development are assumed or taken for granted in countries with advanced legal systems, but in several developing countries there is substantial scope for improvement especially in the area of the Rule of Law. Although legal development is a part of the title, the Paper does not address the subject in relation to particular branches of the law, but the legal system as a whole. SLR 225.00 |
| Language Rights in Sri Lanka |
 | Language Rights in Sri Lanka: Enforcing Tamil as an Official Language (2008, 188pp Price SLR 350/ US$ 7) ISBN: 978-955-1302-14-6 Part I: Tamil as an Official Language 1. Opening Remarks - Hon. D. E. W. Gunasekera, M.P 2. Reality Check and Recommendations on Language Rights - Mr. N. Selvakkumaran 3. Bilingualisation of the Public Service - Mr. Raja Collure 4. Civil Society’s Role in Enforcing Language Rights - Dr.Kumar Rupesinghe 5. Opening the Door to Tamil/s? Linguistic Minority Policy and Rights - Mr. B. Skanthakumar
Part II: Annexes Part II: Complaints SLR 350.00/US$ 7 |
'SRI LANKA: THE RIGHT NOT TO BE TORTURED A Critical Analysis of the Judicial Response' |
 | SRI LANKA: THE RIGHT NOT TO BE TORTURED A Critical Analysis of the Judicial Response
KISHALI PINTO-JAYAWARDENA AND LISA KOIS
This Study investigates the judicial response to the right to freedom from torture and cruel/inhuman & degrading treatment in Sri Lanka. Its broad focus is on an examination of the judicial response of the Supreme Court to alleged infringements of Article 11 during the years 2000-2006 and, an examination of the judicial response of the High Court to prosecutions under the Convention Against Torture and Other Inhuman and Degrading Punishment Act No 22 of 1994 and the prosecutorial and investigative process relevant thereto.
The research interrogates why practices of torture, cruel, inhuman or degrading treatment are yet so commonly resorted to in Sri Lanka despite stringent constitutional and statutory safeguards. Some lacunae are easily identifiable. The fact that enforcement authorities, (i.e the police), do not take judgments of the Court seriously is an identified problem. Disciplinary action is not imposed in regard to individual police officers found culpable of human rights violations. Oversight agencies such as the Human Rights Commission of Sri Lanka and the National Police Commission have been demonstrably ineffective in checking this trend. In recent times, their independence and integrity have been seriously compromised as a result of appointments of their members being made by the President without the constitutionally mandated approval by the Constitutional Council as stipulated in the 17th Amendment to the Constitution.
It is our hope that this Study would forge a common consensus as to the extent of this problem and lead to new initiatives in this regard.
SLR 350.00 |
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| Our Common Heritage |
 | Our Common Heritage : Farmers’ Rights to Plant Genetic Resources in Sri Lanka (2007, 77pp, SLR 250/US$5) ISBN No: 955-1302-06-0
Our Common Heritage? is a research study on farmers’ rights to plant genetic resources in Sri Lanka with the aim of fostering protection of plant genetic resources from bio-theft and bio-piracy while also safeguarding the rights of farmers and local communities to utilisation of such resources. • Laws and Policies relating to Protection of Plant Genetic Resources – Ms Ruana Rajepakse •Protecting Farmers Rights: Historical, Contemporary and International Perspectives – Mr GL Anandalal Nanayakkara • Issues faced by Sri Lanka in relation to plant genetic resources and rights of farmers – Mr Samantha Gunasekara SLR 250.00/US$5 |
| An Uncetrain Future |
 | AN UNCERTAIN FUTURE: Traditional Plant Varieties and their Crop Wild Relatives in Sri Lanka (2006, 99pp, SLR 200/US$4) ISBN No: 978-955-1302-09-02 An Uncertain Future is a research report on traditional plant varieties and their crop wild relatives in Sri Lanka. The first chapter documents the geographical distribution and usages of such varieties and surveys farmers’ knowledge and perceptions as to the advantages and disadvantages of their use. The second chapter identifies threats to protection of crop genetic resources through bio-theft and bio-piracy. The third chapter critiques the International Treaty on Plant Genetic Resources in Food and Agriculture (ITPGRFA) and the Trade-Related Intellectual Property Rights Agreement (TRIPS) from the perspective of protecting traditional plant varieties and their crop wild relatives in Sri Lanka. • Traditional Varieties and Wild Relatives of Crop Plants in Sri Lanka – Dr Gamini Hitinayake • Traditional Crop Varieties and Crop Wild Relatives – Mr Jagath Gunawardena • Traditional Crop Varieties, Intellectual Property Rights and International Conventions – Mr Jagath Gunawardena SLR 200/US$4 |
| Protection of Plant Varieties in Sri Lanka - Asanka Perera |
 | This book critically examines the Sri Lankan legal position with regard to protection of plant varieties and explores some issues closely related to Sri Lanka’s agricultural economy. SLR 450.00 |
In the Pursuit of Democracy in Post-Colonial Sri Lanka: Local Human Rights Approaches to Transitional Justice - Farzana Haniffa
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 | The author was invited to write this essay because of the ICTJ and the TJWG’s interest in understanding the diverse approaches to dealing with the past that have been employed in Sri Lanka thus far. This extended essay looks at four initiatives, the work of Kalape Api, the Citizen’s Commission on Border Villagers, the Women’s Peace Mission, and the National Vision document. It looks at what these initiatives attempted to achieve, the challenges that they encountered and what their experiences say about the conditions within which human rights work in Sri Lanka is conducted. SLR 150.00 Back to top |
| Legal Personalities - Sri Lanka - Vol. I |
 | Legal Personalities is a compilation of a selection of lectures delivered under the auspices of the Law & Society Trust on "Legal Personalities of Sri Lanka". It includes chapters on Charles Ambrose Lorenz, T.B. Panabokke, Sir Muttu Coomaraswamy, H.V. Perera, Hector Alfred Jayewardene, S.W.R.D. Bandaranaike, Sir William Ivor Jennings and Sir Ponnambalam Arunachalam. SLR 350.00 Back to top |
| Select Laws on State Lands - R. K. W. Goonesekere |
 | This book is a compilation of all the significant laws which deal with State lands. It is also an attempt to record the role that the law has played in effecting far-reaching changes in the utilisation of State lands and the significance of the role of the State at different times in political history.
The laws have been grouped into seven chapters so as to facilitate easy reference by subject matter. The value of the compilation is enhanced by the inclusion of notes and citation of judicial decisions impacting on the statutes. SLR 1500.00 Back to top |
| An Activist's Manual on the International Covenant on Economic, Social and Cultural Rights |
 | This book is dedicated to the promotion of economic and social rights by means of parallel reporting to the United Nations Committee on Economic, Social and Cultural Rights. The Committee reviews state reports on the progress made in implementing the human rights set forth in the International Covenant on Economic, Social & Cultural Rights. Activists and NGOs are invited to help evaluate state reports by presenting alternative sources of information both in writing and in person. Part I of this book explains how to participate in the Committee's review process, the general nature of obligations under the Covenant and the basic scope of most rights. Part II consists of thematic chapters that may be of use for workshops, background reading and for those who draft special reports. Part III consists of annexes, including the full text of the Covenant, some practical guides to web research and addresses and full text of the Committee's General Comments as of 2003. Hard Cover : SLR 1000.00 Soft Cover : SLR 750.00 Back to top |
| Fundamental Rights and the Constitution II – A Casebook |
 | • State Responsibility and Executive Administrative Action • President's Actions and Article 35 • Torture, Cruel Inhuman and Degrading Treatment • Equality Before the Law and Equal Protection of the Law Public Sector Employment Appointments Promotions Transfers Extensions Terminations Termination of Agreements Award of Tenders Other Cases • Freedom from Arbitrary Arrest and Detention • Freedom of Speech, Assembly and Association SLR 1250.00 Back to top |
Are Environmental Rights Human Rights? - Sumudu Atapattu |
 | • Evolution of the Right to Environment • What are Environmental Rights? • Survey of Human Rights Provisions which are Relevant for Environmental Protection • A Third Generation Right to a Clean Environment? • Right to Development versus the Right to Environment • Conclusion: The Right to Sustainable Development
SLR 250.00 Back to top |
| Towards a New Competition Law in Sri Lanka |
 | This is the Sri Lanka country report, which fed into the first phase of the comparative study of competition law regimes of 7 developing countries, also known as the 7 – up project, undertaken by the Consumer Unity and Trust Society, India. The study was jointly conducted by the Law & Society Trust and the Institute of Policy Studies. • The Economic and Socio-Economic Status of Sri Lanka • Competition and Public Policy Context • The Scope of Competition Law • Administrative Aspects of Competition Law • Capabilities of Competition Authorities • The Proposed Consumer Protection Authority (CPA)
SLR 350.00 Back to top |
| Competition Policy: International: Cooperation in Cross Border Issues |
 | • International Dimensions of Competition Policy • Competition Law – Territorial or Extraterritorial? • International Cooperation in Competition Policy - Cooperation at a pre-investigation stage - Investigative assistance and coordinated investigation - Positive Comity - Technical assistance and capacity building • Building up International Cooperation - Informal cooperation - Formal cooperation • Challenges • Multilateral Competition Policy • Regional Cooperation and Competition PolicySLR 150.00 Back to top |
| A Multilateral Framework on Trade and Competition: Sri Lanka's position at the Cancun Ministerial Meeting |
 | • WTO and Development: It's all About Mercantilist Games - Nitya Nanda • WTO: Emerging Trends and their Effects on Developing Countries - Pradeep S. Mehta and Pranav • Emerging Trends in the World Trade Organisation - A. Rohan Perera • India at Cancun: Strategy and Counterstrategy - Pradeep S. Mehta and Pranav Kumar • Cancun to Repeat Seatle Debacle - Ratnakar Adhikari • WTO and South Asia : From Doha to Cancun - Saman Kelegama and Indra Nath Mukherji • Multilateral Framework on Competition Policy: Point and Counterpoint - Pradeep S. Mehta and Nitya Nanda • Multilateral Competition Policy - Prof. A.D.V. de S. Indraratna • WTO Negotiations, Agriculture and Intellectual Property Rights - Jagath Gunawardena • The WTO Negotiations on Trade in Agriculture and the Position to be taken by Sri Lanka at the WTO Cancun Ministerial Meeting - Gothami Indikadahena • GATS – Does Progressive Liberalisation Demand Privatisation & Deregulation: Is there room for National Policies? - Sonali Wijeratne
SLR 450.00 Back to top |
| WTO: Implications for Sri Lanka and South Asia |
 | • Benefits of Multilateral Trade • WTO faultlines: Developing Country Concerns • Implementation and Anti-dumping • Doha • Implications for Sri Lanka and the Region SLR 50.00 Back to top |
| The World Trade Organisation: What does it mean for Sri Lanka |
 | • The World Trade Organisation • The Doha Development Agenda • Issues for Sri Lanka • Poverty Alleviation • Capacity Building and Implementation • Textiles and Apparels • Services • Agriculture • Intellectual Property • Challenges ahead for Sri Lanka
SLR 150.00 Back to top |