Commercial law

Today’s Commercial Aviation sector has been surpassed its traditional definition of air transportation to a well -established techno-finance definition so far. With parallel to that development and emerging principles, the particular air law and related principles of law has to be modified and/or changed accordingly. Arising new legal norms and extending existing norms has become the speciality of the law of commercial aviation with that effect. Air Consumer Protection is a key area which is discussed within the perspective of techno-finance in today’s commercial world. This paper purely discusses the air consumer protection within the framework of law of commercial aviation. And the paper will also analyse how far air law has been absorbed pure concept of consumer protection. United Kingdom (before exit from the European Union) has chosen as a resource jurisdiction and Sri Lanka as a benefited jurisdiction by the legal analysis of this paper. Sri Lanka as a tourism country will be privilege jurisdiction from this research because the key aim of this paper is identifying the shortcomings of Sri Lankan air law subjected to air consumer protection.

Key words:- Commercial Aviation, Air consumer protection, European Union , Different jurisdictions,

Encouraging and promoting sustainable consumption among consumers will be an integral part of the green economy to safeguard today for future. This concept has been becoming very popular in many countries in the recent past as a method of promoting environmental management. However, present field study reveals that this idea has not beenreached to the consumers of Sri Lanka effectively. Therefore, the objective of this paper is to analyze how sustainable consumption could minimize environmental impacts and how this idea could be taken to the consumers effectively through advertisements.

Recent investment treaties recognize corporate social responsibility (CSR) as a mechanism for regulating corporate behavior concerning the protection and promotion of human rights, social and environmental standards. These treaties often include a universally recognized soft law version of CSR developed by the International Labor Organization (ILO) and the Organization for Economic Cooperation and Development (OECD), considered prominent sources of CSR voluntary standards. This study analyzed significant advances in including such voluntary standards in investment treaty law, which led to implementing globally agreed norms regarding sustainable development into action. In addition to the inclusion of CSR standards in legally binding documents, this study argued that the practical issues involved in implementing the CSR standards should be addressed from the perspective of capitaldependent developing countries. To this end, this study adopted the due diligence test to apply CSR standards in cross-border investments better. For this purpose, theoretical analysis that combined descriptive and analytical approaches based on the available primary and secondary sources best suited current research. The study showed that applying CSR standards in capitaldependent developing countries was only possible when corporate, home state, and the host government took appropriate actions at the policy level. It concluded that such additional measures were needed to effectively implement CSR standards emphasizing prevention was better than cure and ensuring the appropriate due diligence process by the relevant parties.

Consumer rights law in this age of globalization ha s generated new challenges for policy makers to ensure a stable and sustainable community . At the same time, the familiar doctrine ‘let the buyer beware’ is no longer the ca se with the introduction of consumer rights law. Most manufacturers or marketers introdu ce a product through television channels, newspapers, world wide websites, notices, exhibitions, and brochures. Advertisements are considered to be the most popula r tool for introducing a new product as well as promoting an existing product. Thus, adv ertisements are expected to bring a positive aspect in the way a consumer would make hi s decision about the product. At this point, it provides an opportunity to the manufactur ers/marketers to divulge prodigiously about the products they produce or market. It shoul d be noted that according to the law of contract, advertisements are considered as mere tra d puffing or exaggeration. However, if the advertisements mislead or...

This study is primarily devoted to explore and analyze the state of necessity as to rationalize host States' regulatory measures. Various tribunals and scholars have accepted that the host States could enjoy their sovereign rights in order to enhance socioeconomic condition, protect environment and protect essential interest of State during state of emergency/economic crisis through adopting various regulatory measures. At the same time host States are under compulsion to fulfill their contractual commitments and guarantees made explicitly or implicitly, which were given at the entry of investment through its legal framework. Legitimate expectations of the investors are mainly based on these undertakings and it is strongly believed that these commitments should create stable legal and business environment without interrupting changes in government policies later. On the other hand, the future is uncertain and therefore, government should adjust or alter or enact laws pertaining to economic development. This situation makes unpleasant environment among investors and may lead to an adverse ending. Consequently, host States have one of the most available justifications of measures taken by them to prove utmost importance to the particular situation. Thus, this paper will first attempt to trace the roots of the defense of state of necessity under several jurisprudence including customary international laws and bilateral treaties, and how it could be superseded the concept of legitimate expectations of the investors which were protected by investment treaty. In addition, this research also endeavors to analyze how courts/tribunals could construe state of necessity to protect States' unavoidable situation.

The paper provides a brief but thorough overview of labor laws in Sri Lanka, analyzing key legislation and their notable features based on primary sources. It examines the legal framework governing labor relations, including employment standards, industrial relations, worker protections, and social security measures. The paper also outlines the enforcement mechanisms and recent developments in this area. Drawing on primary sources, this resource offers valuable insights into the legal landscape of labor laws in Sri Lanka, serving as a useful tool for policymakers, legal professionals, employers, and workers seeking to gain a better understanding and navigate the legal complexities of labor laws in the country.

A company limited by guarantee is a distinct legal entity governed by the Companies Act in Sri Lanka. This overview delves into key elements in light of the Companies Act of Sri Lanka, which details the procedures and requirements for incorporation. The roles, responsibilities, and liabilities of directors within this organizational framework are examined, shedding light on their legal responsibilities. The overview is supported by primary data, which serves as the foundation for doctrinal analysis. The article provides a nuanced understanding of the legal landscape pertaining to companies limited by guarantee in Sri Lanka through this lens.

A substantial backlog of cases in ordinary legal proceedings, particularly the Commercial High Court and District Courts, poses a challenge to the expeditious and amicable resolution of commercial disputes. Besides, globalization has ushered in a new era of cross-border trade, investment, and digital connectivity which significantly increases cross-border business interactions. However, this expansion has led to the rise of complex, multi-jurisdictional disputes including jurisdiction, conflicts of laws, and enforcement of judgment across borders, that traditional court systems are deemed inadequate to handle effectively. This situation hampers the effective mechanism required to build confidence among businessmen both locally and globally. In response, an alternative dispute resolution mechanism (ADR) provides a flexible substitute that allows to use of forums and expert arbitrators to resolve disputes. International investment agreements, trade treaties, cross-border contracts, and domestic contracts define rules for dispute resolution between countries and parties, respectively. Thus, harmonization of dispute settlement has become indispensable in bridging gaps in understanding and navigating the complexities of commercial conflicts. This is essential in helping to mitigate challenges, promote fairness, and ensure the seamless operation of the interconnected global economy, thereby promoting economic development. The primary objective of this paper is to investigate the existing ADR mechanism in Sri Lanka, evaluate its effectiveness, and propose strategies to strengthen its efficiency for fostering economic development in the country. The approach involves a comprehensive analysis of domestic laws related to ADR and international agreements and treaties relevant to Sri Lanka. Utilizing a doctrinal analysis methodology, the paper draws insights from primary and secondary data sources. The findings were presented systematically through the inclusion of tables and figures where necessary.

The Muslim Marriage and Divorce Act (MMDA) of Sri Lanka has faced criticism for its perceived inadequacy in safeguarding the property rights of women. Along this way, the practice of dowry/kaikuli can lead to financial hardships and contravene Islamic principles. Consequently, there is a growing call for amendments to the MMDA that promote gender equality and adhere to Islamic values, aimed at addressing concerns and refining the legal framework governing Muslim marriages and divorces. This study delves into the challenges experienced by Muslim women in Sri Lanka, with a specific focus on their financial and property rights concerning dowry, kaikuli, and mahr during marriages, as well as issues of alimony and maintenance in divorce proceedings, and the joint-owned matrimonial properties. The main objective is to investigate the legal frameworks and societal norms regulating these domains and assess their impact on women's rights within the ambit of the MMDA. Employing a combination of doctrinal analysis and a descriptiveanalytical approach, this research endeavours to identify potential avenues for legal and social reform.

This article examines the ongoing debates and reform efforts surrounding the Muslim Marriage and Divorce Act of 1951 (MMDA) in Sri Lanka. The Act has faced substantial criticism for its inability to adapt to the evolving needs of modern society, often prioritizing men's interests over women's rights. Despite numerous reform attempts, reaching a consensus on crucial provisions has proven challenging, creating significant obstacles to amending the MMDA. Employing library research, this article analyzes reports from various committees to assess current practices, which reveal conflicting perspectives between committees and civil society organizations. This study re-evaluates the MMDA's provisions to determine whether proposed reforms align with Sharia law while meeting international legal standards, particularly Sri Lanka's obligations to eliminate all forms of discrimination against women, while considering religious and cultural sensitivities. The article underscores the need for collaborative dialogue among stakeholders to foster reforms that address the evolving Muslim community's legal needs, focusing on justice and equality.