Nihal Jayawickrama's Books

The Judicial Application of Human Rights Law

National, Regional and International Jurisprudence

By: Nihal Jayawickrama

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The Judicial Application of Human Rights Law

National, Regional and International Jurisprudence

By: Nihal Jayawickrama

Since the proclamation of the Universal Declaration of Human Rights, over 165 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions creates new dimensions to concepts first articulated in 1948. In this revised second edition, Nihal Jayawickrama draws on extensive sources to encapsulate the judicial interpretation of human rights law in one comprehensive volume. Jayawickrama covers the case law of the superior courts of 103 countries in America, Europe, Africa, Asia, the Caribbean and the Pacific, as well as jurisprudence of human rights monitoring bodies. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive volume is essential for legal practitioners, and government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights.

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Page Count

2109

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Cambridge University Press

Published Date

ISBN 10

1108210139

ISBN 13

9781108210133

The Judicial Application of Human Rights Law

National, Regional and International Jurisprudence

By: Nihal Jayawickrama

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The Judicial Application of Human Rights Law

National, Regional and International Jurisprudence

By: Nihal Jayawickrama

10 The right to life

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1104

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Cambridge University Press

Published Date

ISBN 10

052178042X

ISBN 13

9780521780421

SETTLEMENT OF A FRAUD COLOMBO HILTON HOTEL CONSTRUCTION

FRAUD ON SRI LANKA GOVERNMENT

By: Nihal Sri Ameresekere

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SETTLEMENT OF A FRAUD COLOMBO HILTON HOTEL CONSTRUCTION

FRAUD ON SRI LANKA GOVERNMENT

By: Nihal Sri Ameresekere

This Book contains shocking revelations, on how third world developing countries become subservient to economically powerful giants, even having to cover-up major frauds perpetrated on sovereign States and its impoverished people. Author discovers fraud in the construction of Colombo Hilton Hotel, by Japanese companies, Mitsui & Co. Ltd., Taisei Corporation, and Architects, Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance from Hilton International USA. Author successfully establishes a strong case of fraud before the highest judiciary, with Japanese unable to answer Interrogatories ordered by Court. Attorney Generals and Secretaries of Finance, at the behest of successive Presidents of the country, require such fraud to be settled, without prosecution. Consequently Author insists and obtains write-offs of US $ 207 million in June 1995 on fraudulent claims of the Japanese on State Guarantees. Author persists on several conditions, which the Government agrees, including an undertaking by the State to take legal action against Members of Securities & Exchange Commission (SEC) for dereliction of duties on inaction on such fraud in a public company, notwithstanding Author’s complaints. This condition affected Justice Minister, subsequently Minister of External Affairs, as a former SEC Member, resulting in him precipitating perverse controversies, causing colossal loss to the company and the State, frustrating the settlement, resulting in the Author suing him, and a courageous Justice ruling in Author’s favour in striking-out the Answer of his own Minister, for duplicitous stances; the courageous Justice later being gunned down by a drug cartel. Author in his crusade, risking his life, to combat corruption at highest echelons of society, faces malicious capricious actions, with vexatious litigations, resulting in him applying to Court to wind-up the company, and the Government arbitrarily unilaterally enacting law to acquire the company !

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778

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Author House

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ISBN 10

1467897191

ISBN 13

9781467897198

Colombo Hilton Hotel Construction Fraud on Sri Lanka Government

Sri Lanka’s First Derivative Action In Law

By: Nihal Sri Ameresekere

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Colombo Hilton Hotel Construction Fraud on Sri Lanka Government

Sri Lanka’s First Derivative Action In Law

By: Nihal Sri Ameresekere

‘Colombo Hilton Hotel Construction’ – ‘Fraud on Sri Lanka Government’ – ‘Sri Lanka’s First Derivative Action in Law’, startlingly unravels the major fraud on the Government of Sri Lanka by reputed multi-nationals, colluding with socio-politically influential, endeavouring to fraudulently ‘siphon out a large scale of foreign exchange on government guarantees’, , which was successfully prevented through injunctions affirmed by the Supreme Court of Sri Lanka. ‘On sovereign guarantees of the Government of Sri Lanka, the Colombo Hilton Hotel was to be constructed, equipped and furnished, on a ‘turnkey fixed price basis’ by a Japanese consortium comprising Mitsui & Co. Ltd., and Taisei Corporation, supervised and designed by Kanko Kikaku Sekkeisha Yozo Shibata & Associates, with technical assistance in planning and construction from Hilton International, United States of America, who were to operate and manage the Hotel. During construction a staged fire allegedly destroyed all plans and documents, and surreptitiously the original plans substituted, and the hotel constructed with two floors short and without the basements contrary to the original plans, based upon which Sri Lanka Government guarantees had been obtained. ‘The book essentially reveals the process of litigation by one minority shareholder, single-handedly combating socio-politically powerful influential fraudulent miscreants; lucidly narratively setting out pleadings, counter-affidavits, further pleadings, interrogatories, pre-trial processes, objections, written submissions, District and Appeal Court orders, and the landmark historic judgment by the Supreme Court of Sri Lanka, demonstrating its independence in pronouncing – ‘in the given circumstances the Government could not be indifferent’, – resulting in the Japanese multi-nationals writing-off a colossal sum of US $ 207 million in 1995. ‘This is an invaluable and indispensable research book for both academics and professionals of law, particularly on the rights of minority shareholders in corporates, and for those interested in the combat of fraud and corruption at the highest levels in a country.

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501

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ISBN 10

1456779265

ISBN 13

9781456779269

Criminality Exposed Colombo Hilton Hotel Construction Perversely `Covered-Up'

Fraud on Sri Lanka Government

By: Nihal Sri Ameresekere

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Criminality Exposed Colombo Hilton Hotel Construction Perversely `Covered-Up'

Fraud on Sri Lanka Government

By: Nihal Sri Ameresekere

In this voluminous Book in a series by the Author on corruption, fraud and economic crime, with indepth analysis, transcending forensic accounting, he brilliantly reveals, with incisive diametrics, irrefutable evidence of criminality, in the construction of Colombo Hilton Hotel by Mitsui & Taisei, Japan, with Architects, Kanko Kikaku Sekkeisha Yozo Shibata & Associates successful civil prosecution by Author led to Japanese writing-off US $ 207 Mn. He establishes beyond reasonable doubt, that original Architectural Plans had been suppressed / destroyed by a staged fire, with amended Architectural Plans surreptitiously substituted being cannibalized Sheets, with incongruous elevations, whereby such Plans could not be approved. Meticulously probing into elevations on Floor Sheets and Cross-Sectional Sheets, which crucial aspect had been overlooked by professional architectural investigations, he proves the shortfall of floors, with the elevations on tampered Sheets bearing tell tale evidence of being identical, with elevations in the cross-sections of the Project Plan, upon which Hilton International formulated Profitability Forecasts, to obtain State Guarantees from Sri Lanka Government, to finance this construction, which was a major fraud perpetrated on the people, rendering such guarantees null and void. Shockingly revealed are perverse endeavours, including by Auditors, KPMG Ford, Rhodes, Thornton & Co., to cover-up this massive fraud, involving upper echelons, with socio-political / international ramifications. Appallingly, criminal investigations were significantly abandoned, on advice of Attorney General. Securities Exchange Commission colluded to cover-up, whilst Chartered Accountants Institute endeavoured to whitewash miscreants. This is a revealingly absorbing Book of real experiences of the Author, in exposing and combating, a despicable fraud on the people, which to him was a crime against humanity, and would be invaluable to investigators and prosecutors of commercial frauds and crimes, and civil society urging equal enforcement of the rule of law.

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804

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Author House

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ISBN 10

1467011010

ISBN 13

9781467011013

IMF, World Bank & ADB Agenda

Colombo Port Bunkering Privatisation

By: Nihal Sri Ameresekere

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IMF, World Bank & ADB Agenda

Colombo Port Bunkering Privatisation

By: Nihal Sri Ameresekere

`Colombo Port Bunkering Privatisation' under IMF, World Bank and ADB privatization agenda, discloses a scandalous privatization, annulled as illegal and fraudulent by a 3-Judge Supreme Court Bench of Sri Lanka, presided by Chief Justice, Sarath N. Silva; compelling Secretary, Finance Ministry / Secretary Treasury, P.B. Jayasundera to resign. It involved, John Keells Holdings Ltd., an UN Global Compact Co. committed to combat fraud and corruption. It is an `eye opener' on socio-political realities, of those holding selected and elected influential and powerful public office, including Secretary, Finance Ministry, P.B. Jayasundera, compromising national and public interest, with scant regard for the `rule of law', and hollow dictates by international agencies, on governance, transparency and level playing field. President Chandrika Bandaranaike Kumaratunga, in a Memorandum to Cabinet Ministers opposed this privatization. Prime Minister Ranil Wickremesinghe disregarding the President had pushed the deal, with his Advisor, former Secretary, Ministry of Finance, R. Paskaralingam; approved by Economic Sub-Committee of Cabinet, including Finance Minister, K.N. Choksy, PC. It reveals condoning of fraud and corruption by confidantes of those at helm in a country; with governments and society uninhibitedly bestowing upon corrupt miscreants, even more recognition and position, without arraigning them, as warranted, before the law; President Mahinda Rajapakse re-appoints, P.B. Jayasundera, Secretary, Finance Ministry / Secretary Treasury. Susantha Ratnayake, continues as Chairman, John Keells, and helms Ceylon Chamber of Commerce; appointed Chairman, Sri Lanka Tea Board, by Government New Chief Justice, J.A.N. de Silva and other Supreme Court Judges act to accommodate necessity of President Mahinda Rajapakse, when P.B. Jayasundera is permitted to be re-appointed to same powerful position. A sole woman, Justice Shiranee Tilakawardena courageously dissents, upholding principles of moral turpitude and democracy to keep organs of State within the law - `anyone would balk at such re-appointment'; 2 pages of Judgment suppressed from media.

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458

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ISBN 10

1456773771

ISBN 13

9781456773779

Socio-Political Realities Hilton Hotel Fiasco & Ad Hominem Legislation Expropriation Law

Fraud on the State & the People ! Lame Duck Political Leaders ? Abuse of Legislative Process ! Judicial Independence & Bias ?

By: Nihal Sri Ameresekere

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Socio-Political Realities Hilton Hotel Fiasco & Ad Hominem Legislation Expropriation Law

Fraud on the State & the People ! Lame Duck Political Leaders ? Abuse of Legislative Process ! Judicial Independence & Bias ?

By: Nihal Sri Ameresekere

`Socio-political realities' at the highest levels in society are lucidly revealed by the Author documenting real life experiences, in interacting with Presidents, Prime Ministers and Ministers, demonstrating their subservience to international pressures by influential powerful countries, and their shameless shielding of fraudulent/corrupt Ministers/Officers. Author discloses non-enforcement of the rule of law, even by Attorney Generals, against those affluent and powerful, eventhough the rule of law is the cornerstone of democracy. There is shocking revelation, of how Japanese Government, through Diplomats, pressurized to settle and cover-up a colossal fraud, blatantly perpetrated on a country and impoverished people, to prevent criminal prosecution thereof; even inducingly offering to negotiate with a terrorist organization, to resolve the issue of armed terrorism, ironically created by social injustice, including economic terrorism. Constitutional Minister, President's Counsel, charged for fraud utters blatant falsehoods. Justice Minister and Foreign Minister, President's Counsel, both scholarly alumni of Oxford University, camouflages to whitewash fraud, taking duplicitous stances. This Book is in two Sections, one dealing with `Political and Diplomatic Hypocrisy', and the other on an `Ad Hominem Legislation - Expropriation Law', enacted in violation of UN Universal Declaration of Human Rights, and ultra-vires the Constitution. How the country's highest judiciary deals with challenges to the perverse legislative process is revealing, with shocking disclosure of the Chief Justice's husband being given plum political office, with a scandalous controversy exploding in the public domain; just as the Author applies for a review of the pre-enactment Determination by Chief Justice for such Statute, as having been made per-incuriam and ultra-vires the Constitution, adducing additional grounds of perceived bias, upon which Their Lords of Appeal exercising inherent jurisdiction, in similar circumstances, rescinded a previous Judgment of the House of Lords in extradition proceedings re - Chilean President Pinochet.

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818

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ISBN 10

1477213945

ISBN 13

9781477213940

"Derivatives/Hedging" Deals

By Citibank U.S.A Standard Charter Bank U.K Deutsche Bank Germany

By: Nihal Sri Ameresekere

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"Derivatives/Hedging" Deals

By Citibank U.S.A Standard Charter Bank U.K Deutsche Bank Germany

By: Nihal Sri Ameresekere

“Derivatives / Hedging” Deals by Citibank, Standard Chartered Bank and Deutsche Bank, with Sri Lanka Government’s Petroleum Corporation, analytically and interestingly raises ethical, moral and legal issues, as to whether deals perpetrated by Banks, with their own customer, whose poor financials were known to them, were dubious and ,i>illegal; with Banks also having compromised public officers, with foreign trips to educate them on derivatives / hedging. The Author analytically exposes the true nature of such transactions, and how they work, though sophisticatedly described to camouflage and confuse, to achieve the objective of raping customers to make unconscionable profits; disclosing how gullible elected and selected public officers are, and how they are manipulated, through sophisticated and devious means; demonstrating that whilst countries courageously stand up to international or regional political associations, intriguingly lack the ability to stand up to Banks, conducting operations upon licenses granted by monetary authorities of such country. The Author also exposes the reality of how professionals conduct themselves, within and outside Courts of law, demonstrating classic instances of ‘unequal treatment before the law’, making a mockery of the tenet – ‘all are equal before the law, no one being above it’, sacrosanctly pontificated and propounded on podia. The Author raises in discerning minds, issues of contempt of Court and judicial bias, citing Opinions in the House of Lords, United Kingdom in re – Pinochet, former Chilean President; shockingly also exposing, how the media manipulatively operates driven by hidden agendas. This book is very interesting and absorbing to read, and imparts incisive knowledge on a variety of subjects, dealt with in an objective, analytical and rational manner, exposing socio-political realities. It is an invaluable book to those concerned with sophisticated financial instruments and scams, which have scandalized financial sectors, warranting stimulus packages from Governments, and to legal/financial academics and professionals.

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538

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ISBN 10

145677431X

ISBN 13

9781456774318

Politics, Justice, and the Rule of Law

Presidential & General Elections 2010

By: Nihal Sri Ameresekere

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Politics, Justice, and the Rule of Law

Presidential & General Elections 2010

By: Nihal Sri Ameresekere

This is the most controversial Book, containing complex shocking revelations, in the series of Books by the Author, wherein most difficult topics are excellently and diligently dealt with, exposing realities in politics, and non-dispensation of justice, with judiciary acting sans jurisdiction, ultra-vires the Constitution, denying natural justice, making a mockery of the `rule of law', paying scant regard to United Nations Conventions on Human Rights. The range of cases and topics dealt with is indeed amazing making exhorbing reading. Commencing with his own exposure to politics, paying high tribute to minority Tamils in Sri Lanka, the Author brings out stunning prevalent reality. Makes startling disclosures on Sri Lanka's most controversial Presidential Election of 2010, and incarceration, as a villain, a Presidential Candidate, a trusted Army General, once hailed, as the `best Army General in Asia', having led the country's armed forces to crush one of the most feared terrorists organizations, internationally banned, Liberation Tigers of Tamil Elam. The most difficult and delicate subject of `judicial bias and disqualification' at highest levels of the judiciary is dealt with, including the controversy which reverberated on the endeavour by the Legislature to impeach a Chief Justice, whose husband, having held high profile political office, was impleaded in a dubious share scandal, involving the country's leading Savings Bank. Author incisively delves into an important case of abduction of a Tamil businessman, and the horrendous anonymous allegations of trading in human body parts, during the war against the terrorists, allegedly with Indian and Israeli connections. Author analyses real case studies, involving foreign investments, demonstrating classic instances of dubious judicial processes, including subversion of action, vis--vis, fabricated forged documents of public officers tendered to Court, involving questionable professional conduct, and indifference by law enforcement authorities, including Attorney General, Chief Law Officer of the State.

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824

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ISBN 10

1481781774

ISBN 13

9781481781770

Transparency and Public Accountability Fiscal Mismanagement Lack of Public Accountability

Case Study - Sri Lanka a Country Under the Purview of IMF, World Bank and ADB Constitution and Social Contract Rule of Law Attorney General and the Judiciary

By: Nihal Sri Ameresekere

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Transparency and Public Accountability Fiscal Mismanagement Lack of Public Accountability

Case Study - Sri Lanka a Country Under the Purview of IMF, World Bank and ADB Constitution and Social Contract Rule of Law Attorney General and the Judiciary

By: Nihal Sri Ameresekere

This Book appallingly unravels insights into fiscal mismanagement devoid of public accountability, under the purview of IMF, World Bank, ADB, international developmental agencies, et al. Perverse amnesties were surreptitiously enacted into law by Parliament, transgressing the social contract and public trust doctrine, also frustrating the right of the citizenry to challenge their constitutionality. Amnesties granted immunity and pardon for offences, such as, terrorism funding, money laundering, drug peddling, human trafficking, proceeds of crime, etc., in contravention of international conventions, including UN Security Council Resolution on terrorism financing. The Supreme Court condemned the Statute, as 'inimical to the rule of law', 'violative of the Universal Declaration of Human Rights and International Covenant on Civil & Political Rights', and 'had defrauded public revenue, causing extensive loss to the State'. Consequent controversy resulted in the ouster of the Government, with the new Government repealing the perverse law; however, with strange resistance against enforcement ! The Book also reveals how Parliament ignored an Auditor General's Special Report on gross negligence of revenue administration and colossal VAT frauds, with tardy enforcement of the 'rule of law'. ! The Book also deals with challenges in the Supreme Court against the Appropriation Bill, the Budget, for non-disclosure of borrowings and for lacking transparency, with the Ministry of Finance being castigated for operating a 'Budget within a Budget', with dubious expenditures, sans accountability. This Book reveals realities in fiscal mismanagement at highest levels, disclosing indifference and condoning by international agencies ! This is an invaluable Book for advocates of good governance and combat of economic crime, fraud and corruption, and those interested in public finance and law, and constitutional obligations of social contract and public trust.

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Page Count

738

Publisher

Xlibris Corporation

Published Date

ISBN 10

1456782835

ISBN 13

9781456782832

Book's by Nihal Jayawickrama

The Judicial Application of Human Rights Law

The Judicial Application of Human Rights Law

The Judicial Application of Human Rights Law

The Judicial Application of Human Rights Law

SETTLEMENT OF A FRAUD COLOMBO HILTON HOTEL CONSTRUCTION

SETTLEMENT OF A FRAUD COLOMBO HILTON HOTEL CONSTRUCTION

Colombo Hilton Hotel Construction Fraud on Sri Lanka Government

Colombo Hilton Hotel Construction Fraud on Sri Lanka Government

Criminality Exposed Colombo Hilton Hotel Construction Perversely `Covered-Up'

Criminality Exposed Colombo Hilton Hotel Construction Perversely `Covered-Up'

IMF, World Bank & ADB Agenda

IMF, World Bank & ADB Agenda

Socio-Political Realities Hilton Hotel Fiasco & Ad Hominem Legislation Expropriation Law

Socio-Political Realities Hilton Hotel Fiasco & Ad Hominem Legislation Expropriation Law

"Derivatives/Hedging" Deals

"Derivatives/Hedging" Deals

Politics, Justice, and the Rule of Law

Politics, Justice, and the Rule of Law

Transparency and Public Accountability Fiscal Mismanagement Lack of Public Accountability

Transparency and Public Accountability Fiscal Mismanagement Lack of Public Accountability

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