Dissertations / Theses on the topic 'Law, sri lanka'

The main objective of this thesis is to analyze the bilateral air services agreements of Sri Lanka under the existing legal, regulatory and the infrastructural framework of civil aviation in Sri Lanka. In order to achieve this objective, this thesis is divided into following chapters, Chapter One - Deals with the history and evolution of bilateral air services agreements in the history of world civil aviation.
Chapter Two - This Chapter has two sections. Section one addresses briefly the history and evolution of the air transport industry of Sri Lanka. Section two looks into the legal and regulatory framework within which the air transport industry works in Sri Lanka. Negotiation and Conclusion of bilateral air services agreements is also explained in this section.
Chapter Three - Contains a detailed analysis of the main provisions of the bilateral air services agreements concluded by Sri Lanka.
Chapter Four - The existing infrastructure and the prospects for the future is discussed in this chapter along with the challenges faced and to be faced in the future.
Finally, the findings of this research are presented with recommendations for the betterment of air transport industry of Sri Lanka.

The recently institutionalised global Performers’ Rights Regime (PRR) aims to improve the economic position of those performers whose work can be audio-recorded and reproduced. This thesis asks whether the PRR achieves this aim. The thesis investigates this question through a case study of Sri Lankan vocalists. Vocalists in Sri Lanka are a significant constituent within the music industry, and they had hoped that the PRR would make their work more economically secure. However, this thesis finds that the PRR, as developed internationally and implemented in Sri Lanka, is predicated on a particular understanding of the role of performers and their relationships with other actors in the music industry; that this understanding of performers’ roles and relationships does not reflect established practices and relationships within Sri Lanka’s contemporary music industry; and that consequently the PRR fails to deliver the improved economic security that Sri Lankan singers had sought.

This thesis is about issues concerning the implementation of women's human rights in Sri Lanka.

Sri Lanka has had a conflict between the Government and the Liberation Tigers of Tamil Ealam, LTTE for two decades. Since 2002 there has been a ceasefire agreement in place, which is being violated by both parties. Before being abandoned in 2003, one woman was present during the peace talks that were held.

In this paper I present the results of my field research conducted in Sri Lanka in November and December of 2005. The aim was to find out how women were active in the peace process since it is stipulated in international conventions that they have a right to participation. During the interviews with women activists it became evident that women were not involved in the official peace process. Therefore the thesis is about women’s human rights in Sri Lanka and the obstacles for their implementation.

Two main reasons for the lack of implementation of women’s human rights in Sri Lanka are identified. Firstly, for reasons of culture and patriarchal structures, there is a general lack of implementation internationally of women’s human rights. Secondly, the unresolved conflict situation in Sri Lanka, which reflects the unequal power relations between men and women that existed prior to the conflict. The lack of implementation of women’s human rights in Sri Lanka results in women not being present in the political life and they are therefore not part of the official peace process.

International conventions such as the Convention on the Elimination of Discrimination Against Women, CEDAW and the UN Security Council Resolution 1325 on peace and security are addressed in the thesis in order to examine women’s human rights and their right to participation in politics and peace building.

Finally, I conclude that in order to include women in the official peace negotiations women need to actively participate in politics. The method presented to ensure such participation is that of affirmative action. It is a measure that falls under the category of temporary measures, which is suggested in CEDAW article 4.1.

This thesis concerns the theoretical issues that arise in the application of the constitutional model known as the plurinational state, developed through the experience of such Western liberal democratic states as Canada, Spain and the United Kingdom, to non-Western contexts of national pluralism through the case study of Sri Lanka. There are two closely intertwined and complementary objectives to the thesis. Firstly, to provide a fresh analytical and prescriptive framework of understanding and potential solutions to the constitutionally unresolved problem of national pluralism in Sri Lanka that has so far only generated protracted conflict. Secondly and more importantly, to contribute in more general terms to the theoretical literature on plurinational constitutionalism by way of the comparative insights generated through applying the model to an empirical context that is fundamentally different in a number of ways to that from which it originally emerged. In this latter, comparative, exercise, there are three key empirical grounds of difference that are identified in the thesis. Firstly, the difference between the sociological character of nationalisms in the two contexts, defined at the most basic level by the civic-ethnic dichotomy; secondly, the different meanings of democratic modernity in the present, determined by colonial modernity and post-colonial ethnocracy; and thirdly, the differences in the substantive content of democracy as between liberal and nonliberal democracies. The thesis argues that the plurinational state may be adapted to have a role and relevance beyond Western conditions, by addressing the theoretical issues that arise from these divergences. In doing so, it seeks to demonstrate that ethnic forms of nationalism are not necessarily inconsistent with the plurinational logic of accommodation; that an exploration of pre-colonial history reveals indigenous forms of the state that are more consistent with plurinational ideals than the classical modernist Westphalian nation-state introduced by nineteenth century colonialism; and that plurinational constitutions may be based on a broader conception of democracy than political liberalism. Building on these discussions, the principal normative contribution of the thesis is the development of a constitutional theory for the accommodation of national pluralism that is based on the norm of asymmetry, as distinct from equality, between multiple nations within the territorial and historical space of the state.

This thesis is a culmination of a research of a particular branch of Corporate Law, which has grown in several major parts of civilized jurisdictions. The thrust of the study was to evaluate the past, present and the future of a particular type of action known in Corporate Law under the umbrella of shareholder remedies - the 'Derivative Action' with emphasis to develop the law in one jurisdiction profiting from another. The research thus reveals how, when and where the so called action originated, the initial effects these actions had on the corporate world including shareholders, companies and related persons natural or juristic. Though much has been written by way of books, treatises and articles and several researches have dealt with the common topic shareholder remedies in its broad perspect, there is no separate study carried out on this topic in its global context with a comparative focus. This study has therefore given me the drive, initiative and courage to look at the conceptual view or the macro view of the so called 'Derivative Action' with of course special emphasis on the Australian and Sri Lankan jurisdictions in its micro aspects. This, I believe is the first time anyone has undertaken such a task. The study thus travels through distant roads of common law action to the statutory form of the action in the relevant jurisdictions and finds it driving with much purpose in jurisdictions such as Australia and Sri Lanka which are both in the transitional era from the common law action to the statutory action. The research is based on the collection of material namely, case law - Australian, Sri Lankan and international on the matters in issue, Legal treatises on the subject matter local and international, Law reform material - Australian, Sri Lankan and international on the topic, Bills and Statutes available on the topic in Australia, Sri Lanka and other countries. I have met resource personnel with regard to Law Reform in several jurisdictions on the matters in issue and visited the Australian Stock Exchange and the Colombo Stock Exchange. The research findings depend mainly on the electronic data available in addition to resources available at the University of Canberra, the Australian National University, Colombo Law Library, The Colombo Law Society Library and the Sri Lanka Supreme Court Judges' Chambers Library and the Sri Lanka Attorney General's Department Library. Visits to the McGill University in Montreal, Canada and the corporate law sector in New Zealand, including Universities and Law Offices in Christchurch and Auckland too has helped me considerably in the process. Review of the literature of the proposed statutory Derivative Action in Australia and the proposed statutory Derivative Action in Sri Lanka, are based mainly on; Enforcement of the duties of directors and officers of a company by means of a statutory derivative action (Report No. 12) Companies and Securities Law Review Committee. (November 1990.), Corporate Practices and the Rights of Shareholders (Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs) Parliament of the Commonwealth of Australia. (November 1991.), Report on A Statutory Derivative Action Companies and Securities Advisory Committee. (July 1993.), Corporate Law Economic Reform Program (CLERP) Proposal Paper No 3 (1997), the CLERP draft legislative provisions (1998), Australian case law on the application of the common law Derivative Action, both in the High Court and in individual States and Australian articles on Derivative Action as a common law remedy and on the introduction of the statutory action. In the Sri Lankan context, the proposals in Sri Lanka for the statutory Derivative Action and the case law in Sri Lanka on the application of the common law remedy has been referred to. Other literature include, material available on the Canadian formula of Derivative Action, including Statutes, Rules, case law, articles and other relevant data, material available on the Derivative Actions in the United States, material available in New Zealand on Derivative Actions, material available in England on Derivative Actions, namely on the common law approach, case law, articles, Bills, Rules and other connected material, Statutes on Derivative Actions in other jurisdictions at present and Hong Kong proposals for a statutory Derivative Action, to name some. The aforesaid material and the review of the same have assisted the study as follows: -To place the past, present and the future of the common law Derivative Action. -Examine the objectives of the Derivative Action. -The operation of the common law aspects of the action. -The benefits of the statutory form of the action. -Experiences of other countries in the recent past on the subject. -The Australian reform process presently underway. -The best experiences in Australia with regard to case law. -To evaluate whether the remedy should be limited to fraud on the minority or whether it should be extended further even to negligence. -How best Sri Lanka could benefit from the Australian formula of the statutory form of the action. -To evaluate whether the proposed model of the statutory action in Sri Lanka is adequate in view of the Australian and other accepted formulae on the subject. -Whether the common law action should be expressly abolished in Sri Lanka. -Consider the possible introduction of the best methods to Sri Lanka. Finally, the research speaks for itself the need for a statutory Derivative Action for Sri Lanka in the future, to be an improvement on the Canadian, New Zealand and Australian models. The research findings, especially in its conclusions and recommendation in Chapter 8, will no doubt help to improve the proposed statutory Derivative Action in Sri Lanka in a small way.

Modem developments in technology, connnerce and the cultural industries pose problems for intellectual property in Sri Lanka, as everywhere. Case law may be used for judicial guidance but there are comparatively few reported cases from the Sri Lankan courts. By examining Sri Lanka's juridical history and Constitution, together with constitutionally recognised Buddhist principles, it is possible to suggest further sources of guidance for judges. Using the proposed framework, it may be possible for the judges to apply existing law to new situations and avoid the need for constant legislative change in an attempt to keep up with developments and comply with Sri Lanka's international obligations. The extent to which such guidance may be useful is explored by looking at specific issues, which have caused difficulty in other jurisdictions. It is hoped that the proposed techniques could be used to build up a body of Sri Lankan jurisprudence. Ms may prove more stable and effective than incremental legislation. 'Status juris - 'Mis study (unless otherwise stated) based on material available as at 0 1.12.2004 and the law in force on that date.

One explanation for the poor development of the law of servitude in Sri Lanka is that it is based on Roman and Roman-Dutch law which are stagnant systems and hence contributes to the Sri Lankan law of servitude being a fossil law.  The aim of this study is to examine whether the law of servitudes is truly a law which cannot be developed according to the needs of the society and, if so, whether the reason for this is that this area is mainly governed by the principles of Roman and Roman-Dutch law. This question was explored by researching the way this area of law has been developed in two other similar jurisdictions: Scotland and South Africa.  The similarities between these systems are that these jurisdictions are mixed legal systems and that the law of property and especially the law of servitudes have been substantially influenced by and mainly governed by Roman and Roman-Dutch law principles of the law of servitudes adopted in the courts and supplemented by the legislature of these jurisdictions.  Aspects such as: the importance of the requirement that there must be a dominant tenement for the creation of servitudes; the applicability of the principle of numerus clausus in recognising new kinds of servitudes in selected systems; and the acquisition of a servitude by prescription, were selected to narrow down and focus the research. My conclusion is that neither the area of law pertaining to servitudes nor the Roman and Roman-Dutch principles on servitudes are fossil areas or systems.  The difference between the three systems consists basically in the way in which the principle and the sources are used by the law-makers in the specific country.  They can either breathe life into a dead system or make a dead system alive by the way they handle issues in their judgements.  Finally, suggestions were made of the areas which may be rejuvenated and proposals are provided for what needs to be done.

Current economic development law theories and technical assistance practices of international financial institutions emphasise the critical importance for an emerging or transitioning economy in moving towards a market orientated system, to have in place a modem commercial law infrastructure so that the economy can develop robust credit and other financial markets and can attract internal and external capital investments. One essential element of this desired commercial law infrastructure is a legal and judicial framework that provides for an efficient and prompt debt recovery process. Unfortunately, recent studies indicate that, in most developing countries debt recovery is in crisis. The subject matter of this volume will be debt recovery in South Asia countries of India, Sri Lanka and Malaysia. These countries have been chosen for different reasons: India because it represents one of the largest emerging economies; Sri Lanka because its relevant legal system is a mix of English Common Law and Roman Dutch Law concepts; and Malaysia because it has achieved significant economic and financial modernisation through a rather special governmental-societal approach. Hopefully such a comparative analysis will shed some light on how to improve debt recovery laws in emerging economies in a manner conducive to sustainable economic and social development. The ultimate thesis of this manuscript is that a suitable debt recovery system for an emerging economy requires, not simply suitable laws and judicial remedies, but also appropriate financial industry practices as to credit allocation and loan supervision; a broad range of fair and effective enforcement mechanisms; and an independent, commercial trained and responsive judiciary. The conclusion looks at the present state of the development of the banking sector in the selected three countries, with special attention being given to the apparent tensions between the market orientated policies that are being ambitiously pursued and the laws that govern credit, security and debt recovery.

International law has evolved to recognise the state as its primary subject and as a member of the family of nations. The United Nations Organisation has formulated many legal regimes in order to impose duties and responsibilities on states and to regulate state affairs in order to achieve the goals of the Charter, including the protection and promotion of the rights of peoples and minorities. The jurisprudence of international law recognises that duty, responsibility and accountability of states are integral elements of sovereignty. This research aims to appraise the impact of concepts of sovereignty, self-determination and human rights on state and examines whether the regimes created in order to recognise these concepts have achieved the anticipated goals. Further, it explores whether there is a need for the institutions of the UN and regional groupings to play a more positive role in achieving the ultimate aims of these regimes. Based on the above inquiry, it is intended to identify whether sovereign state has become a legal entity under the regimes of international law and, thereby, is treated as 'juridical state', whose rights and duties are regulated by international law. If state is a primary subject and juridical entity of international law why are' the international regimes of rights experiencing legal and non-legal resistance from states? Contemporary international law has formulated and developed mechanisms for settlement of inter - states disputes. However, there is a lack of international mechanisms for resolving internal conflicts which cannot be resolved nationally due to the fact that the institutions of the state will not undermine the sovereignty of the state. In this thesis, an attempt is made to demonstrate the difficulties in enforcing the legal entitlements of peoples, nations and minorities which are granted by international legal regimes. As a result of the absence of an appropriate forum to resolve the disputes between states and non - state actors over their respective entitlements enshrined in international regimes, there are many internal conflicts which cause threats to international peace and security. Relying on the above mentioned three concepts and their jurisprudence, this research aims to identify the legal dimensions of the sovereignty claim of the Tamil people of Sri Lanka. Prior to colonial rule there were Sinhala and Tamil native kingdoms. The Sinhalese and Tamils had lived within their historically demarcated territories. These kingdoms were conquered by different colonial rulers over a period of time. The entire island was brought under highly centralised administration by the British and it underwent a series of socio- political and legal Since the de - colonisation in 1948, the Sinhala and Tamil- speaking people have struggled to their legal rights and the internal conflict has drawn the attention of the UN and the international community. two of the thesis, attempts are made to identify the legal dimensions of the internal conflict, the sovereignty m of the Tamil- speaking people and the application of law to reach the judicial settlement required to the internal conflict. In short, this thesis focuses on the legal status of sovereignty, self-determination and human rights in international law and how these concepts could be accommodated to resolve the internal conflict of Sri Lanka.

The construction industry poses a number of challenges to those working in it. One important challenge is that the industry is dependent upon human interactions in the management of building projects. In this environment it is important for those who manage the projects to deal with intricate relationships and to consider the emotions, interactions and various types of reasoning that lie behind the actions and decisions taken by the participants in the construction process. The issue for researchers is to gain a better understanding of the variables that affect the actions of the participants in this process. Such research demands sensitivity to the values, attitudes and behavior developed by the different occupational groupings. These factors according to Edgar Schein define the culture of a professional group. This research was conceived on the belief that the professionals in the construction industry brought to bear their own professional culture on the industry. It was necessary to have a better understanding of this culture in order to be able to resolve disputes that occur in the construction process. That is the impact of culturally deternlined values, attitudes and behavior of these professional groups. Therefore, this research is aimed at investigating the professional cultures of the participants who come together in a construction project. The question posed was whether they shared a culture or had differences, and if differences existed whetherthese differences had an effect on the reactions of each of the groups to disputes and their resolution. A survey was carried out among professional groups in Australia and Sri-Lanka and the survey data from both countries were analyzed using statistical tests. The results show that professional groups share similarities in professional culture as well as differences. It also showed that these cultural differences created an adversarial atmosphere among construction project participants. It was also found that introducing a party outside of the usual professional groups would be beneficial in the resolution process. Respondents were of the opinion that the third party outside of the construction team could be a lawyer. This type of research is still new within the field of construction. The contributions of this work are to link professional culture and conflict and give some indication how such conflict could be addressed. In this context by identifying the values attitudes and behavior of professional groups the subject of conflict and disputes could be beneficially addressed through professional education.

The construction industry poses a number of challenges to those working in it. One important challenge is that the industry is dependent upon human interactions in the management of building projects. In this environment it is important for those who manage the projects to deal with intricate relationships and to consider the emotions, interactions and various types of reasoning that lie behind the actions and decisions taken by the participants in the construction process. The issue for researchers is to gain a better understanding of the variables that affect the actions of the participants in this process. Such research demands sensitivity to the values, attitudes and behavior developed by the different occupational groupings. These factors according to Edgar Schein define the culture of a professional group. This research was conceived on the belief that the professionals in the construction industry brought to bear their own professional culture on the industry. It was necessary to have a better understanding of this culture in order to be able to resolve disputes that occur in the construction process. That is the impact of culturally deternlined values, attitudes and behavior of these professional groups. Therefore, this research is aimed at investigating the professional cultures of the participants who come together in a construction project. The question posed was whether they shared a culture or had differences, and if differences existed whetherthese differences had an effect on the reactions of each of the groups to disputes and their resolution. A survey was carried out among professional groups in Australia and Sri-Lanka and the survey data from both countries were analyzed using statistical tests. The results show that professional groups share similarities in professional culture as well as differences. It also showed that these cultural differences created an adversarial atmosphere among construction project participants. It was also found that introducing a party outside of the usual professional groups would be beneficial in the resolution process. Respondents were of the opinion that the third party outside of the construction team could be a lawyer. This type of research is still new within the field of construction. The contributions of this work are to link professional culture and conflict and give some indication how such conflict could be addressed. In this context by identifying the values attitudes and behavior of professional groups the subject of conflict and disputes could be beneficially addressed through professional education.

This thesis analyses Australian and Sri Lankan trade secrets laws in light of human rights theory so as to see how legal mechanisms impact on rights of employees and society. Based on a critical analysis of trade secrets of laws of Australia and Sri Lanka, it proposes a legislative framework as a promising way of establishing a balanced law which is equally concerned with the rights of employers, employees and society.

This thesis develops a biopolitical perspective on Western states’ longstanding opposition to the formation of a Tamil state (Tamil Eelam) in the northeastern parts of the island of Sri Lanka (Ceylon). It does so by adopting and applying the concept of biopolitics as developed by Michel Foucault in the 1970s. Foucault used the idea of biopolitics to explain power relations and to consider peace through the matrix of war. He was especially interested in using this to understand power relations that emerged in the eighteenth century and especially in terms of the tensions between military confrontation and commercial expansion. This thesis adopts and applies the idea of biopolitics to the concept of liberal peace and its core principle, the security of global commerce, to offer a new interpretation of the rationale behind the opposition of Western states to the Tamil demand for political independence and their collaboration in Sri Lanka’s biopolitical transformation of the island into a Sinhala-Buddhist ethno-theocracy. As practitioners of the biopolitics of liberal peace, Western states have waged wars and collaborated in the wars of their Southern counterparts, allowing populations, including liberalised ones, to be killed, condoning the subversion of civil liberties, human rights and other democratic freedoms, including the right to selfdetermination of nations, that they simultaneously promote. The thesis explores the extent to which the collaboration of the West with the Sri Lankan state’s racist policies and counterinsurgency efforts is a continuation of the colonial policies of the British Empire in Ceylon. In developing a biopolitical perspective on the liberal state-building practices of the British Empire in colonial Ceylon, Sri Lanka’s adoption of the same practices, and the West’s own efforts to neutralise the Tamils’ armed struggle, the thesis explores the ways that power relations produce the effects of battle, and thus the way that peace becomes a means of waging war. When the power relations of law, finance, politics, and diplomacy produce the effects of battle, they become ways of waging war by other means. As well as being a thesis on Western policy in the war in Sri Lanka, the work is therefore also to some extent an attempt to see how far Foucault’s work on biopolitics might be pushed and developed and thus, at the same time, an attempt to turn the Foucauldian focus to an area thus far unexplored by those who have sought to engage with Foucault’s work.

This thesis analyses the Tamil minority problem in Sri Lanka in the light of self-determination and state sovereignty. State practice with respect to self-determination is discussed, in particular cases of Aaland Island, Katanga, Biafra and Bangladesh. Historical background, location and composition, as it relates to the Tamil minority problem in the country, are described, and the specific issue of self-determination in the Sri Lankan context of secession is dealt with. The research attempts to ascertain the legal conditions which would warrant secession.

The concept of corporate social responsibility (CSR) developed in the Western world since the 1950s, is novel to developing countries. Various CSR principles, standards, frameworks and indices have grown significantly as researchers to expand the concept in business and academic worlds. The practice of the concept and its behaviour is similar in both the developed and developing worlds. However, there are significant differences between the two worlds in implementing CSR activities. Researchers have identified these differences—of culture, management perspectives, and geographical and natural business systems—and concluded that existing CSR in the developed world cannot be employed in developing countries. Therefore, researchers are now turning their attention to investigating CSR from the point of view of developing countries.

This dissertation comprises an investigation into the conditions and contemporary implications of an historical event, the Janatha Vimukthi Peramuna (JVP) insurrection of 1971. At the broadest level, it revisits the insurrection and its aftermaths to reframe the contemporary question of emergency in Sri Lanka. This dissertation poses emergency, a defining feature of Sri Lanka's postcolonial experience, as a problem native to the emergence of democracy in Sri Lanka. It resituates emergency rule and the concept of necessity which subtends it on the terrain of the secularizing political rationality, which has constituted the emancipatory raison d'etre of the postcolonial state. The visibility of this rationality has been obscured by liberal constitutionalism's ideological narrative of Sri Lankan constitutional history, and I recover and explore the anticolonial, nationalist contexts of its formation, first in the demand for a constitutional bill of rights, then in the movement toward constitutional autochthony, and finally in the creation of the sovereign republic in 1972. I show how this political rationality incorporates certain secular-political assumptions, fundamental to the colonial inauguration of democracy in Sri Lanka. One such assumption is that democracy is a matter of naturally occurring majorities and minorities, and that the political rights of minorities are best addressed through the concession of constitutional protections or safeguards, rather than any more generative solution at the level of political representation. I suggest this finding should cause us to radically revise the normative ethical-political coordinates which implicitly orient a greater part of the social scientific study of Sri Lanka. That conventional question has revolved around the transgression of secular norms by the force of ethnicity and nationalism, and hence much work has taken up the challenge of deconstructing and explaining the cultural force of Sinhala nationalist ideology. My dissertation asks that we set aside this problematic and instead foreground the question of the secular inheritances of the state as the target of our critical strategies.

The purpose of this study was to examine the relationship between corporate governance practices and firm performance in Sri Lanka, as a result of the adoption of code of best practice on corporate governance in 2003 and the extent of changes to corporate governance practices four years after (2007). During this period, the firms that operated in Sri Lanka were affected by political and economic instability. However, the stock market performed well.

Sexual violence has become an increasingly visible aspect of armed conflict. Over the last decade, feminists have critiqued the lack of attention given to sexual violence in international humanitarian law and have made important contributions to the developing area of international criminal law by bringing a gender perspective to that field. This thesis examines whether characterizing rape as torture is the best way to respond to the injustices suffered by women during armed conflict. Charging rape as torture offers substantive benefits; yet, such a characterization risks leaving the sexual and gender aspects of the crime invisible. First, I examine the development of recognizing rape as torture by reviewing jurisprudence from the ICTY, ICTR, and regional human rights courts. Second, in order to measure the potential benefits of characterizing rape as torture in national legal systems, I examine reports of custodial rape from Sri Lanka and analyze provisions in Sri Lankan law which could be used to deal with such cases. I conclude that characterizing rape as torture offers significant legal advantages; however, in order to properly recognize the experiences of women who have suffered rape during armed conflict both rape and torture should be charged. The central element in the crime of rape is that a physical invasion of a sexual nature occurred under coercion, whereas the central element in torture is that an act of severe pain or suffering took place.
Arts, Faculty of
Asian Research, Institute of
Graduate

The majority of firms begin as family businesses (FBs) and are considered to be the lifeblood of any economy. Any business which is owned and operated by an individual, couple or family is considered to be a family business. The mutual impact of family on business and business on family differentiates the field of family business studies from others. Throughout history and all over the world, families and businesses have always been integrated. The business provides income to the family, and the family may provide paid and unpaid labour. Moreover, the family system contributes to business additional resources such as money, space, equipment, and other factors of production. From this point of view, family could be considered as the key resource for the family business. Further, business and family interface plays a critical role in determining family responses to business and vice-versa. Enrichments and conflicts occur in both domains impact not only within the specific domain but also on interactions of domains. Hence, in order to identify the behaviour of family and its impacts on a business, several theories and models have been developed. However, there is a notable research gap in the literature in that, to date, no specific model has been proposed to determine the impact of a business-family interface in terms of both conflict and enrichment on the relationship between business and family. Thus, this study was undertaken to address the lack of research pertaining to the various influences of family on family business success including: the merging of family business with other disciplines, the business-family interface of family business owners, the factors that mediate and moderate family and business relationships, the family business owner of small and privately held family business, in a non-western context, and family business in the tourism industry. Consequently, the aim of this study was to investigate the impacts of family dynamics on family business success, the mediation of business-family interface, and the moderating effects of owner and business attributes on family and business of small scale family business in the tourism industry in Sri Lanka.

For over three decades, the Liberation Tigers of Tamil Eelam (LTTE) fought a gruesome war for independent statehood against the majoritarian Sinhalese Government of Sri Lanka. While confronting the Tigers on the battleground, the government also pursued a legal war against the LTTE by enacting its counter-terrorism laws. These laws permitted indefinite detention and the use of confessions as sole evidence. Armed with these laws, the Sinhalese Government boasted the prosecution of thousands of Tamil Tigers on the basis of their confessions. The Tigers countered by protecting their secrets through the adoption of their suicide strategy - consuming cyanide capsules to prevent being captured alive. Examining the conflicting official narratives from both sides of the war, this research explores the confessions of Tamil Tigers within the broader discourses of terrorism and counter-terrorism. The thesis positions the counter-terrorism regime of Sri Lanka as a postcolonial instance of the 'state of exception' (as theorised by Giorgio Agamben) in order to grasp the broader causes and consequences of such extraordinary measures. In doing so, it takes the wider aspects of the conflict into account and explores its historical, political, military and cultural ramifications. The research questions I examine in this process are: What attributes of the Tigers' military subculture support or dispute the fact that Tigers have confessed en masse? Can the authenticity of these confessions be determined by linguistic and narrative analysis methods? How have the state's agents enforced the counter-terrorism measures among the suspect population, and how do such measures impact on individual suspects? What are the possibilities and limits of a fair hearing for Tigers from the judiciary in Sri Lanka? Recognising the polysemic aspects of the law, truth and justice, the thesis probes the narratives of the two key players in this conflict - the terrorist and the state - within an interdisciplinary context, encompassing multiple fields: jurisprudence, human rights, criminology, history, ethnic studies, terrorism studies and narrative analysis. In sum, the scope of this thesis goes beyond legalistic analysis and encompasses a range of themes: the hegemonic authority of the state, the martyrdom of the terrorist, the linguistic elements of evidence, the discipline and the punishment of the enemy, and the administration of justice.

Decades ago environmental costs were not identified or accounted for by businesses, and businesses assumed that environmental costs were very low. However, in recent times, due to environmental concerns, there has been a steep rise in environmental costs, which has raised many environmental issues along with related costs, revenues and benefits that are now of an increasing concern to many countries around the world. Although environmental costs lead to societal and economic issues, this study focuses only on economic issues. There remains a lack of research, particularly in developing countries, focusing on management accounting (MA) and its contribution to managing environmental costs. The main purpose of this study is to investigate the nature and extent of MA practices and their contribution in addressing environmental management (EM) issues in listed companies in Sri Lanka.

Foreign remittance is the main external source of finance for Sri Lanka. It contributes immensely towards the country’s economy and makes up around 8 per cent of the GDP. However, there is a lack of study on foreign remittance in the Sri Lankan context, which hinders the potential of creating a comprehensive policy on remittance. Hence, this thesis has analysed the motives for foreign remittance and its determinants, the impact of foreign remittance on financial development, alongside its influence on poverty and income inequality in Sri Lanka. The objective of this research was to provide relevant information to the policy makers to guide them in enhancing the benefits to Sri Lanka from foreign remittance. The study used the autoregressive distributed lag (ARDL) and autoregressive (AR) models, Granger causality, impulse response analysis, variance decomposition and recursive estimation for analysing research data. At first, the motive for foreign remittance and its nature (static or dynamic) was examined to investigate the relevance of the prevalent notion that remittance motive is static in nature. Based on recursive estimation, the study found that remittance to Sri Lanka was dominated by altruistic motive until 1992 and by self-interest motive thereafter. Therefore, the findings disproved that the motive for remittance is static and confirmed its dynamic nature. This highlighted the need to assess the motive for foreign remittance at an individual country level and adjust migration and remittance policies accordingly since the motives keep changing over time and require continuous monitoring. The next stage in this study involved determining the key factors of foreign remittance to Sri Lanka by using factor analysis and ARDL model. Through the analysis, it was found that the per capita GDP and government stability are long-run determinants of remittance and have a positive impact on it. In addition, accountability and socio-economic status were identified as short-run determinants. The findings showed the importance and implications of push factors over pull factors to determine the inflow of remittance. It demonstrated that the Sri Lankan migrants, unlike altruistically driven migrants, are highly attentive to economic and political stability, and send more money when the economic and political conditions of the home country are favourable for investment. The undertaken research also examined the impact of foreign remittance on financial development in Sri Lanka using ARDL model. It used four proxies to represent financial development: money, deposits, credit and assets. The analysis revealed a significant impact of remittance on money and credit in Sri Lanka. Furthermore, it showed that the nexus between remittance and financial development supports a complementary hypothesis. This highlighted the likelihood of remittance to enhance the credit availability, promote investment and thereby enhance the economic growth of the country. Finally, the study examined the causal relationships between foreign remittance and poverty, and foreign remittance and income inequality in Sri Lanka with autoregressive model. The analysis showed that foreign remittance has a significant impact on moderate poverty reduction. Apart from the AR model, the Granger causality analysis verified the above-mentioned relationships between foreign remittance and poverty in Sri Lanka. However, the results of the study found no evidence to prove a significant impact or a causal relationship between foreign remittance and income inequality in Sri Lanka, unlike in some developing countries. All the findings from this research contribute to both the theoretical and the empirical literature. They provide relevant information that are invaluable for migration and remittance policy development, which can enable Sri Lanka to create an investment- friendly environment to attract more remittance by reducing the country’s financial risk and by enhancing its economic stability. In addition, since Sri Lankan employment migrants are motivated by self-interest the findings would help the financial institutions to customise their services to migrants, to further enhance their investment motive.