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This book explores whether global music copyright law and the performers’ rights regime (PRR) have been able to improve the economic position of artists, as they were originally intended to. The author investigates whether this regime effectively addresses contemporary issues regarding royalty payments and cover songs in Sri Lankan music, drawing on the empirical findings of a case study she conducted on the Sinhala music industry. She finds that the PRR developed internationally and implemented in Sri Lanka is predicated on a particular view of the role of performers and their relationships with other actors in the music industry; although this view can be found in the USA, UK and India, it does not seem to reflect the established practices and relationships within Sri Lanka’s contemporary music industry. While providing a socio-historical and legal analysis of these differing industrial settings and investigating the manner in which they impact the PRR’s (in)ability to deliver improved economic security for Sinhala singers, the book also offers policymakers recommendations on how to supplement current national copyright law and the PRR in order to provide a secure economic position for music artists in Sri Lanka.
At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.
The History Of Sri Lanka From The Earliest Times To The Present Sri Lanka Is An Ancient Civilization, Shaped And Thrust Into The Modern Globalizing World By Its Colonial Experience. With Its Own Unique Problems, Many Of Them Historical Legacies, It Is A Nation Trying To Maintain A Democratic, Pluralistic State Structure While Struggling To Come To Terms With Separatist Aspirations. This Is A Complex Story, And There Is Perhaps No Better Person To Present It In Reasoned, Scholarly Terms Than K.M. De Silva, Sri Lanka S Most Distinguished And Prolific Historian. A History Of Sri Lanka, First Published In 1981, Has Established Itself As The Standard Work On The Subject. This Fully Revised Edition, In Light Of The Most Recent Research, Brings The Story Right Up To The Early Years Of The Twenty-First Century. The Book Provides Comprehensive Coverage Of All Aspects Of Sri Lanka S Development From A Classical Buddhist Society And Irrigation Economy, To Its Emergence As A Tropical Colony Producing Some Of The World S Most Important Cash Crops, Such As Cinnamon, Tea, Rubber And Coconut, And Finally As An Asian Democracy. It Is A Study Of The Political Vicissitudes Of Sri Lanka S Ancient Civilization And The Successive Phases Of Portuguese, Dutch And British Colonial Rule. The Unfortunate Consequences Of Becoming A Centre Of Ethnic Tension And Sri Lanka S Long-Standing Relationship With India Are Also Discussed. Exhaustively Researched And Analytical, This Book Is An Invaluable Reference Source For Students Of Ancient, Colonial And Post-Colonial Societies, Ethnic Conflict And Democratic Transitions, As Well As For All Those Who Simply Want To Get A Feel Of The Rich And Varied Texture Of Sri Lanka S Long History.
Crime, Justice and Society in Colonial Sri Lanka (1987) examines Sri Lanka’s justice system under British rule, and concentrates on two of its aspects: the effectiveness of the administration of law and order, and the relationship between crime and social change. It argues that the colonial judicial system did penetrate rural areas, but did not operate in the way the British intended. Instead, Sri Lankans adapted the state institutions so that they functioned more effectively within indigenous culture.
This book offers in-depth insights on the struggles implementing the rule of law in nineteenth century Ceylon, introduced into the colonies by the British as their “greatest gift.” The book argues that resistance can be understood as a form of negotiation to lessen oppressive colonial conditions, and that the cumulative impact caused continual adjustments to the criminal justice system, weighing it down and distorting it. The tactical use of rule of law is explored within the three bureaucracies: the police, the courts and the prisons. Policing was often “governed at a distance” due to fiscal constraints and economic priorities and the enforcement of law was often delegated to underpaid Ceylonese. Spaces of resistance opened up as Ceylon was largely left to manage its own affairs. Villagers, minor officials, as well as senior British government officials, alternately used or subverted the rule of law to achieve their own goals. In the courts, the imported system lacked political legitimacy and consequently the Ceylonese undermined it by embracing it with false cases and information, in the interests of achieving justice as they saw it. In the prisons, administrators developed numerous biopolitical techniques and medical experiments in order to punish prisoners’ bodies to their absolute lawful limit. This limit was one which prison officials, prisoners, and doctors negotiated continuously over the decades. The book argues that the struggles around rule of law can best be understood not in terms of a dualism of bureaucrats versus the public, but rather as a set of shifting alliances across permeable bureaucratic boundaries. It offers innovative perspectives, comparing the Ceylonese experiences to those of Britain and India, and where appropriate to other European colonies. This book will appeal to those interested in law, history, postcolonial studies, cultural studies, cultural and political geography.
The peoples of Sri Lanka have participated in far-flung trading networks, religious formations, and Asian and European empires for millennia. This interdisciplinary volume sets out to draw Sri Lanka into the field of Asian and Global History by showing how the latest wave of scholarship has explored the island as a ‘crossroads’, a place defined by its openness to movement across the Indian Ocean.Experts in the history, archaeology, literature and art of the island from c.500 BCE to c.1850 CE use Lankan material to explore a number of pressing scholarly debates. They address these matters from their varied disciplinary perspectives and diverse array of sources, critically assessing concepts such as ethnicity, cosmopolitanism and localisation, and elucidating the subtle ways in which the foreign may be resisted and embraced at the same time. The individual chapters, and the volume as a whole, are a welcome addition to the history and historiography of Sri Lanka, as well as studies of the Indian Ocean region, kingship, colonialism, imperialism, and early modernity.
Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.