1 From Your Own Country, Is There a Unique Perspective of International Law?
1.1 Introduction
Sri Lanka is an island nation, a republic situated in the Indian Ocean. Since its independence was granted in 1948 by the British, Sri Lanka’s state practices relating to international law have offered a unique perspective on international law. This commentary, along with a few examples, demonstrates Sri Lanka’s unique perspective on international law, highlighting its strengths, limitations, and potential for further development.
1.2 Sri Lanka’s Perspective on International Law
Sri Lanka’s perspective on international law is deeply rooted in its exceptional historical, political, and social contexts. The country’s colonial history, spanning over 400 years under Portuguese, Dutch, and British rule, significantly shaped its legal system and its approach to international law. The imposition of Western legal frameworks during colonial rule led to a mixed legal system, incorporating elements of Roman-Dutch law, English common law, and local customary laws. With the incorporation of several international treaty provisions into the domestic law of Sri Lanka through enabling statutes, Sri Lanka’s legal system has become enriched. The ongoing development of Sri Lanka’s legal system continues to be influenced by its historical interactions with international law, its colonial legacy, and its efforts to assert a distinct national legal identity in the contemporary global context.
As a state party to a plethora of international treaties, Sri Lanka mainly follows a dualistic tradition in incorporating international law into domestic law, which requires the adoption of an enabling statute by the Parliament.1 However, the Constitution of Sri Lanka does not include any provision in this regard. Occasionally, the courts of Sri Lanka have followed a monist approach in deciding cases, where the rights of the people and the environment are adversely affected due to the absence of enabling legislation despite the international obligations undertaken by the country. In this context, it can be said that Sri Lanka’s approach is a mixed one to a certain extent and there prevails a need to constitutionalise the method of international law incorporation in the future.
It is noteworthy that Sri Lanka has ratified most key international conventions, including core human rights treaties,2 the main conventions of the International Labour Organization (ILO),3 major environmental conventions,4 the 1949 Geneva Conventions,5 the World Trade Organization (WTO) Agreements,6 and the 1982 United Nations Convention on the Law of the Sea (UNCLOS).7
1.3 Sri Lanka’s International Relations and Obligations
Sri Lanka became a member state of the United Nations (U.N.) on December 14, 1955, and has since developed strong ties with the organization, contributing to a positive relationship with the international community through the U.N.’s specialized agencies, funds, programs, and offices in Sri Lanka. Membership in the U.N. has provided Sri Lanka with opportunities to implement international obligations aimed at strengthening democracy and protecting human rights. The U.N. has fostered broad and wide-ranging partnerships with the Government, the civil society, the NGO community, bilateral donors, and international financial institutions. Sri Lanka is also a member of the regional organisation named SAARC (the South Asian Association for Regional Cooperation) and in the past has been an active member of the Non-aligned Movement and the Group of 77 countries.
However, while such commitments are expected to be upheld, successive governments have not always fulfilled these obligations consistently, except on limited occasions. This failure has contributed to widespread public discontent, social uprisings, and prolonged armed conflicts driven by ethnic and political tensions. Particularly, relevant state institutions work cordially to ensure that all Sri Lankan people enjoy better living conditions in accordance with the international standards to which Sri Lanka is a state party.
Since its independence, Sri Lanka has attempted to uphold state sovereignty and develop a national identity, which has influenced the country’s engagement with international legal norms. Sri Lanka became a member of the United Nations in 1955 and has since then become a member of several international treaties and conventions, reflecting its commitment to multilateralism and international cooperation. However, this engagement has been selective, motivated by national interests and the need to balance international obligations with domestic priorities.
1.4 Non-international Armed Conflict in Sri Lanka
Sri Lanka’s international approach is influenced by the non-international armed conflict that occurred between the Government armed forces and the dissident terrorist organization named the Liberation Tigers of Tamil Eelam (LTTE), which plagued Sri Lanka for nearly three decades. This war situation profoundly impacted its perspective on international law, particularly in areas such as human rights, humanitarian law, and post-armed conflict transitional justice efforts. The protracted civil war brought issues of state sovereignty, self-determination, and the international community’s interventions (non-military) to the forefront. The armed conflict and its aftermath have led to intense scrutiny from international bodies and human rights organizations, compelling Sri Lanka to strike a balance between addressing international concerns and asserting its sovereignty. So, efforts toward reconciliation and development in the post-war era have further influenced Sri Lanka’s approach to international law. The country has engaged with international mechanisms for accountability and reconciliation, such as the Human Rights Council, while also seeking to implement domestic solutions that align with its unique socio-political landscape. Throughout the war, both sides faced allegations of severe human rights violations. These allegations triggered calls from the international community for greater adherence to international humanitarian law and human rights standards. The Human Rights Council has played a pivotal role in this regard, passing several resolutions urging Sri Lanka to investigate alleged war crimes and human rights abuses. These resolutions have called for credible and independent investigations, emphasizing the need for accountability and reconciliation to achieve lasting peace. The government’s efforts to address these calls have included the establishment of domestic mechanisms such as the Lessons Learnt and Reconciliation Commission (LLRC), though these efforts are met with criticism regarding their effectiveness and impartiality.
1.5 People’s Struggle of 2022
In 2022, Sri Lanka saw a momentous occurrence dubbed the ‘People’s Struggle’ (Aragalaya) due to the economic crisis that took place in the country owing to the mismanagement, corruption, and malpractices of governance. People’s voices and peaceful protests became powerful, which eventually led the Executive President and the Prime Minister in power during this period to withdraw from their positions. The new government was formed based on constitutional provisions with the recognition of the need to respect the international law obligations of Sri Lanka. Sri Lanka’s Constitution includes chapters on fundamental rights and directive principles of state policy that are based on the country’s international obligations to a greater extent.
1.6 Sri Lanka’s Foreign Policy
Following its independence in 1948, Sri Lanka adopted a foreign policy of non-alignment, a strategic stance that significantly influenced its approach to international law during the Cold War to maintain sovereignty and independence from the ideological blocs led by the United States and the Soviet Union. As a member of the Non-Aligned Movement (NAM), Sri Lanka aimed to balance its relations with major powers while prioritizing the interests of developing nations, seeking the broader goals of the NAM, which sought to promote peace, security, and development in the Global South. The first female Prime Minister of the world and Sri Lanka, Mrs. Sirimavo Bandaranaike, became the Chairperson of the NAM in 1976. Sri Lanka’s leadership role within NAM was exemplified by its hosting of the Fifth NAM Summit in Colombo in 1976. Sri Lanka’s active participation in NAM and its advocacy for these principles reflected its broader foreign policy goals of promoting peace, justice, and development through international law. Sri Lanka’s active engagement in NAM underscored its commitment to the principles of sovereignty, territorial integrity, and non-interference in the internal affairs of the states. These principles were central to Sri Lanka’s foreign policy and were reflected in its stance on various international legal issues.
1.7 Sri Lanka’s Approach to Treaty Obligations
Sri Lanka’s unique biodiversity and environmental challenges have significantly influenced its approach to international environmental law, underscoring the importance of global cooperation in addressing ecological issues. As a country rich in diverse ecosystems, including rainforests, coastal areas, and mountainous regions, Sri Lanka faces the dual challenge of promoting economic development while safeguarding its natural heritage. To this end, Sri Lanka has become a party to several key international environmental treaties. By ratifying these treaties, Sri Lanka has committed to global efforts to protect biodiversity, manage hazardous waste, and promote sustainable development. These international agreements have played a crucial role in shaping the country’s environmental policies and legislative framework, ensuring that domestic actions are aligned with international standards and best practices.
As a developing nation, Sri Lanka’s perspective on international economic law underscores the critical importance of fair and equitable trade practices. Sri Lanka’s participation in the World Trade Organization (WTO) is a central aspect of this engagement, as the country advocates for the interests of developing nations within the global trading system. Sri Lanka has been vocal about the need for a trading environment that provides fair opportunities for all countries, emphasizing the elimination of trade barriers and subsidies that disproportionately benefit developed nations. This advocacy is driven by the recognition that equitable trade practices are essential for fostering sustainable economic growth and development in the Global South.
Thus, Sri Lanka’s perspective on international law is indeed unique, shaped by a complex interplay of historical, political, and social factors. Overall, Sri Lanka’s evolving approach to international law demonstrates a nuanced balance between adherence to global norms and the pragmatic need to address national challenges. This dynamic engagement underscores Sri Lanka’s commitment to the principles of international law, reflecting its ongoing journey to reconcile its rich historical legacy with the demands of contemporary global governance. Through active participation in international treaties, organizations, and legal mechanisms, Sri Lanka continues to navigate its role in the international community, striving to harmonize sovereignty, development, human rights, and environmental sustainability within its unique national context.
1.8 Conclusion
Sri Lanka’s periodic reviews by international human rights bodies, such as the U.N. Human Rights Committee and the Committee on the Elimination of Discrimination against Women, have highlighted persistent gaps and areas needing improvement. These reviews have resulted in numerous recommendations aimed at strengthening human rights protections and addressing systemic issues. For instance, the U.N. Human Rights Committee has consistently urged Sri Lanka to ensure accountability for human rights violations committed during the civil war, calling for independent and transparent investigations. Similarly, the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of Children have recommended measures to combat gender-based violence, discrimination, child abuse, etc. more effectively.
2 What Has Been Your Country’s Contribution to the Development of International Law?
2.1 Introduction
Sri Lanka has made significant contributions to the progressive development of international law across various domains, including human rights, maritime law, environmental law, international criminal law, peacekeeping, and cultural and educational initiatives. This engagement is evidenced by its active participation in international bodies, treaties, and conferences, as well as the notable contributions of key Sri Lankan legal experts.
Sri Lanka has been an active member of the United Nations since 1955 and of many other international organizations. It has been contributing to the global dialogue on international peace, security, protecting, and promoting human rights standards and practices. Sri Lanka’s exemplary role in these forums includes providing leadership in technical and knowledge-based activities and participating in drafting and adopting various treaties and resolutions. Sri Lanka was instrumental in the drafting process of the Convention on the Rights of the Child (CRC)8 and has been a signatory since its adoption in 1989. Sri Lanka’s efforts in promoting children’s rights have been recognized internationally.
Sri Lanka was actively involved in the negotiations leading to the adoption of the United Nations Convention on the Law of the Sea (UNCLOS)9 in 1982. As an island nation, it has a vested interest in maritime boundaries and resource management, contributing to the Convention’s framework on Exclusive Economic Zones (EEZ) and continental shelves. For example, Sri Lanka’s maritime boundary agreements with neighbouring countries, such as India and the Maldives, have been guided by the principles established in UNCLOS, facilitating peaceful and cooperative management of maritime resources. Furthermore, Sri Lanka hosted the 2011 conference leading to the Colombo Declaration on Combating Maritime Piracy. This Declaration aimed at enhancing regional cooperation to combat piracy and ensure maritime security in the Indian Ocean. This initiative led to the establishment of the South Asia Regional Port Security Cooperative (SARPSCO) in Colombo, promoting collaborative efforts in maritime security and setting a precedent for regional maritime cooperation.
2.2 Sri Lanka’s Participation in Global Affairs
Also, Sri Lanka has been an active participant in key environmental summits, including the Earth Summit in Rio de Janeiro (1992) and the Paris Agreement on Climate Change (2015). The country has consistently advocated for sustainable development practices and the protection of biodiversity. This commitment is reflected in Sri Lanka’s National Environmental Action Plan (NEAP), developed in alignment with international environmental goals, which outlines comprehensive strategies for addressing environmental challenges. Additionally, as a member of the South Asia Co-operative Environment Programme (SACEP), Sri Lanka has been instrumental in the formulation and implementation of the South Asian Seas Action Plan (SASAP). This plan focuses on the protection and management of the marine environment in the South Asian region. Initiatives to combat marine pollution and conserve coral reefs and mangroves along Sri Lanka’s coastline are prime examples of these efforts.
Sri Lanka has contributed personnel to various U.N. peacekeeping missions, enhancing international efforts in conflict resolution and post-conflict rebuilding. Sri Lankan peacekeepers have served in countries such as Haiti, Lebanon, and South Sudan, often in challenging environments.
Sri Lanka has successfully lobbied for the recognition of several of its cultural and natural sites as UNESCO World Heritage Sites, promoting the importance of preserving cultural heritage within the international legal framework. Sites such as the ancient city of Polonnaruwa and the Sinharaja Forest Reserve have gained international recognition, emphasizing cultural and environmental conservation.
2.3 Prominent Sri Lankan Scholars in International Law
Sri Lanka has produced several distinguished figures who have significantly contributed to the development and promotion of international law. Among them, Professor C.G. Weeramantry stands out for his extensive work and influence. He served as a judge and vice-president of the International Court of Justice (ICJ), where he presided over landmark cases, including those concerning nuclear weapons and the settlement of a dispute between Hungary and Slovakia where he emphasized the need for sustainable development and intergenerational equity which have contributed to developing these norms in international law.10
Hamilton Shirley Amerasinghe was another pivotal figure in international maritime law, leading efforts to draft the United Nations Convention on the Law of the Sea (UNCLOS). His tenure as Sri Lanka’s Permanent Representative to the U.N. saw him in various leadership roles, including President of the United Nations General Assembly and Chairman of multiple U.N. committees. Amerasinghe’s contributions were crucial in promoting the peaceful uses of the sea-bed and ocean floor beyond national jurisdiction, significantly shaping international maritime regulations.
Dr. Radhika Coomaraswamy is a renowned human rights advocate who has made substantial contributions to international human rights law. She has served as the United Nations Special Rapporteur on Violence against Women, producing influential reports on violence in various contexts, including armed conflict and trafficking. Coomaraswamy’s work has taken her across the globe, advocating for women’s rights and contributing to significant U.N. studies, such as the Global Study on the implementation of UNSC Resolution 1325 on women, peace, and security.
Jayantha Dhanapala is a distinguished diplomat known for his expertise in disarmament. His presidency of the 1995 Nuclear Non-Proliferation Treaty Review and Extension Conference was a landmark event, balancing nuclear non-proliferation and disarmament goals. Dhanapala’s role as Under-Secretary-General at the U.N. furthered efforts in arms control and disarmament.
Dr. A. Rohan Perera has played a significant role in shaping international legal frameworks, particularly in the realm of counter-terrorism. As Chairman of the U.N. Ad Hoc Committee on Comprehensive Convention on International Terrorism, Perera has been at the forefront of international efforts to combat terrorism.
Lakshman Kadirgamar made significant strides in international diplomacy and law, particularly in combating terrorism. His advocacy for the international recognition of Vesak Day as a global celebration highlights his efforts to promote cultural and religious understanding.
Dr. M.C.W. Pinto has made significant contributions to international law through his work with various international institutions, including the International Atomic Energy Agency and the World Bank. His involvement in the U.N. Conference on the Law of the Sea and the drafting of international treaties has had a lasting impact on maritime and environmental law.
Gamani Corea’s tenure as Secretary-General of the United Nations Conference on Trade and Development (UNCTAD) marked a period of significant progress in international trade and development. His leadership in various U.N. committees and high-level panels has greatly influenced global economic policies and development strategies. Corea’s contributions to international trade law have been instrumental in promoting equitable economic growth and development.
Professor M. Sornarajah and Professor Tony Anghie are renowned for their work in international law and in its specific areas, as well as for their third-world approaches to international law, and are recognized for their efforts to advance an Asian approach to international law. These distinguished Sri Lankan experts have left an indelible mark on international law, shaping its development through their dedicated efforts in various legal and diplomatic arenas. Their contributions continue to influence contemporary legal practices and international relations.
2.4 Conclusion
Although Sri Lanka is a small sovereign state thriving amidst several challenges, it has not failed to contribute immensely through its active contribution to the development of various international legal instruments, case law jurisprudence, and the salient work of several international organizations by providing leadership for their advancement and effective commission of their work.
In conclusion, Sri Lanka’s multifaceted contributions to international law reflect its active engagement and commitment to upholding and developing legal standards across various domains on the global stage. Through its participation in international bodies, the influence of distinguished legal experts, and its initiatives in human rights, maritime law, environmental law, international criminal law, peacekeeping, and cultural preservation, Sri Lanka has played a vital role in shaping the landscape of international law.
Senior Professor (Chair), Department of Public and International Law, Faculty of Law, University of Colombo, Sri Lanka.
Lecturer, School of Law, SLIIT, Sri Lanka.
Wasantha Seneviratne, Administration of Justice with Special Reference to Human Rights Protection: Challenges and Prospects, (2017) (transcript available in KDU Institutional Repository), http://ir.kdu.ac.lk/handle/345/1652.
See Ratification Status for Sri Lanka, U.N. Off. Of the High Comm’r for Hum. Rts., https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=164&Lang=EN (last visited Apr. 5, 2025).
See Ratifications for Sri Lanka, Int’l Lab. Org., https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:103172 (last visited Apr. 5, 2025).
See, e.g., United Nations Framework Convention on Climate Change, May 9, 1992, 1771 U.N.T.S. 107.
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Aug. 12, 1949, 6 U.S.T. 3114, 75 U.N.T.S. 31.; Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Aug. 12, 1949, 6 U.S.T. 3217, 75 U.N.T.S. 85; Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135; Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516, 75 U.N.T.S. 287.
See Sri Lanka – Trade Policy Review, World Trade Org., https://www.wto.org/english/tratop_e/tpr_e/tp17_e.htm (last visited Apr. 5, 2025).
United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397.
Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N.T.S. 3.
United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397.
See Gabčíkovo-Nagymaros Project (Hung. v. Slovk.), Judgment, 1997 I.C.J. 7 (Sept. 25).