Features

Multilateral treaties are tools for global governance

Published

3 years ago

2023/10/30

Thilina Walpola

UN Headquarters, New York

By Dr. Dayantha Laksiri Mendis

“Multilateral treaties are the bones and sinews of global politic, making it possible for states to move from talk through compromise to solemn commitment.”– Professor Thomas M. Frank

BACKGROUND

The UN system is the catalyst for the creation of multilateral treaties. It is the greatest achievement of the UN system during the last 75 years. These treaties contain binding international rules relating to peace, security, trade, commerce, human rights, international humanitarian law (IHL), protection of the environment, transnational organised crime, cyber-crime, intellectual property rights, international waters, law of the sea and air transport, trafficking in illicit drugs, trade in arms, anti-corruption, money laundering, terrorism, ozone depletion, climate change, nuclear non-proliferation, etc. These multilateral treaties require the consent of States to be bound by them.

The UN Charter of 1945 is the most important multilateral treaty dealing with global governance. It outlaws war, subject to a few exceptions, and recognizes state sovereignty and equality of States. The UN Charter needs to expand the composition of the Security Council to include new regional powers in the UN system. It must incorporate a chapter on Peace Keeping and limit the use of veto powers, restrictively, to three-fourths majority. Unless these changes are made expeditiously, a new global order might emerge very soon as they have emerged already on the horizon

Multilateral treaties are the most important source of international law. They have grown exponentially since World War II. The Australian Jurist, Julius Stone, said in 1954 that in one single year, more treaties were concluded than in the whole of the 19^th century. Professor Clive Parry of Cambridge said it is not possible today to understand international law or international relations without the full grasp of multilateral treaties.

Multilateral Treaty is a generic term. It includes conventions, protocols, agreements, concordats, exchanges of letters and note verbales. Treaties relating to Regional Economic Integration, such as EU, CARICOM, ECOWAS, ASEAN, etc., can be treated as multilateral treaties, but they are not universal in their application.

Multilateral treaties must be distinguished from multilateral non-treaty instruments. These constitute Resolutions of the United Nations Security Council and the Resolutions of the Specialized Agencies, MOUs, Codes of Conduct, etc. Some of the non-treaty instruments are considered “hard law” and others “soft law”. Hard law is binding on States and soft law is not binding on States. For example, Resolutions of the Security Council or the Resolutions of ICAO or IMO are binding on State Parties. These Resolutions do not require the consent of States.

Legislation giving effect to multilateral treaties and multilateral non-treaty instruments are described as implementing legislation. Such legislation is also referred to as “enabling” or “uniform” legislation. The way in which implementing legislation are drafted are of capital importance for global governance. In monist States, multilateral treaties constitute law at national level on ratification/accession by states. In dualist states, treaties do not constitute law at the national level on ratification/accession by States. Sometimes, it is necessary to enact implementation legislation in monist and dualist states to ensure compliance with international obligations.

Professor James Rosenau has described “global governance” as governance without a government. He said that the United Nations system and national governments are central to global governance, but they are only part of the full picture as many other international organisations are involved in global governance in a similar manner.

Multilateral treaties are an indispensable tool for Global Governance. It is inextricably interwoven with the UN System. Hence, any multilateral treaty violations relating to Israel, Palestine and Ukraine must cease as soon as possible. It is the most important function of the Security Council. Unfortunately, they were unable to implement a good resolution due to veto powers.

In this context, it is necessary to identify the birth and development of multilateral treaties in the global community.

BIRTH AND DEVELOPMENT OF MULTILATERAL TREATIES

The birth of multilateral treaties dates back to the 1815 Concert of Europe. In Vienna, almost all European states, whether big or small, met for the first time to determine the future of Europe after the disastrous Napoleonic wars. The former US Secretary of State, Dr Henry Kissinger wrote his doctoral dissertation on the 1815 Concert of Europe and observed its importance to multilateral relations and diplomacy. In his book, he illustrated the relevance of the Vienna spirit of “give and take” as an indispensable requirement for the negotiation and conclusion of multilateral treaties to arrive at consensus. In drafting the UN Charter 1945 a more liberal give and take approach was adopted than League of Nations 1919. (Henry A. Kissinger, A World Restored: Metternich, Castlereagh and the Problems of Peace 1812-1822, Literary Licensing, LLC, 2011).

Multilateral treaty drafting is different in today’s world and includes actors such as inter-governmental organisations (IGOs), non-governmental organisations (NGOs) and the International Law Commission. It is a protracted process in which the “rolling text” undergoes many changes. A diplomat or a legal practitioner involved in treaty drafting must have a good knowledge of the legal character of treaties and the widely differing functions of treaty provisions. A treaty drafter must have an interdisciplinary knowledge of the subject matter of the draft treaty and the form and structure of treaties, including the final clauses. (Anthony Aust, Modern Treaty Law and Practice, (Cambridge University Press: Cambridge, 2000; Jan Klabbers, The Concept of Treaty in International Law (Martinus Nijhoff Publishers: The Hague, 1996).

Interpretation of multilateral treaties is crucial for global governance Such interpretation must be undertaken by state parties, legal counsel or by international and national courts and tribunals in accordance with Vienna Rules enshrined in articles 31 and 32 of the VCLT, 1969. It is a moot point (1) whether Article 51 of the UN Charter allows pre-emptive self-defence (Bush doctrine) and the right to protection in a humanitarian crisis; (2) whether the use of drones is legal in the fight against terrorism vis-à-vis international humanitarian law principles; and (3) whether enhanced interrogation techniques fall within the definition of “torture”.

The interpretation of the relevant multilateral treaties has become complex as the global order is threatened by abominable acts – terrorism, aggression, money-laundering and other transnational organised crimes. In Ukraine and Palestine, there is a requirement to apply International Humanitarian Law (IHL) and Human Rights Law standards to resolve problems and challenges encountered in Ukraine and Palestine in the long term.

Multilateral treaties are necessary for global governance at national and international level. At the national level, all three organs of the State must play a pro-active role regarding implementation of such treaties and implementing legislation as illustrated by Lord McNair in his monumental work on Law of Treaties. At the international level, state parties, international organisations and international courts and tribunals play an important role in the implementation process.

UNSC is authorised to impose sanctions or engage in the use of force – as Kofi Annan said – if diplomacy fails, in the first Iraq war, under the collective security paradigm. Unfortunately, sanctions have been imposed or concessions have been given to some states selectively for geo-political reasons.

Resolutions of the UN Human Rights Council are also important for global governance. Their binding nature on States is controversial. Sri Lanka has had difficulties regarding Geneva Resolution 30/1 of 2015 and 40/1 of 2021. These Resolutions deal with the establishment of a hybrid court to investigate accountability during the North-East armed conflict which ended in 2009.

These Resolutions have raised constitutional and legal issues regarding their implementation. Unfortunately, Sri Lanka has not raised up to now Article 46 of VCLT 1969 as a defense for non-implementation.

Implementing Legislation contributes to global governance at the national level. It is a specialised branch of legislative drafting. According to Francis Bennion, treaties are transformed directly by incorporating the treaty in a Schedule or indirectly by re-drafting/re-phrasing the treaty in a manner consistent with the style and form of national legislation.

Implementing legislation also plays an important role in global governance at the national level. Literal interpretation is not suitable for the interpretation of implementing legislation as there is a need to harmonise the legislative provisions with treaty norms and standards in the interpretation of implementing legislation. Various Interpretation Acts across the world have been amended to enable the courts and tribunals to consult extrinsic material in the interpretation of implementing legislation. This paradigm shift in the interpretative technique augurs well for global governance.

Implementing legislation are subject to international compliance and control measures by UN treaty regimes. These treaty regimes require submission of reports, establish verification processes, review mechanisms or engage in diplomatic efforts to ensure compliance. Any intervention by treaty regimes with respect to the implementation of treaty standards must not be construed as an infringement of state sovereignty.

IMPACT OF MULTILATERAL TREATIES ON STATE SOVEREIGNTY

The ratification or accession to multilateral treaties impact on state sovereignty as states are bound (pacta sunt servanda) to implement them. State sovereignty and multilateral treaties may collide at times.

These collisions need to be resolved by state parties by reference to treaty law and practice

In monist states, ratification/accession to multilateral treaties requires the consent of Parliament, Congress or the Senate. In the US, the consent of two-thirds of the Senate is necessary for ratification of treaties. It is a difficult process. President Obama was unable to obtain the consent of the Senate for the ratification of the United Nations Convention on the Law of the Sea, 1982. Likewise, President Woodrow Wilson in 1919 was unable to obtain its consent to ratify the Covenant of the League of Nations as the US Senate was bent on “isolationism”. Perhaps, the history of the world would have been very different in the 20th century if the US Senate had provided its consent.

In dualist States, multilateral treaties require implementing legislation. However, there is an emerging constitutional and parliamentary practice to enact implementing legislation before the ratification of important treaties. Many Commonwealth countries now require States to undertake ratification of multilateral treaties with the approval of Parliament.

CONCLUDING REMARKS

Multilateral treaties and multilateral non-treaty instruments impact on global governance and rule-based order. When major multilateral treaties relating to global governance are ratified or acceded by majority of states, it might help the community of states to co-exist without a violent confrontation. No state has a right to override Geneva Conventions or human rights conventions except in exceptional circumstances. Palestine and Ukraine are no exceptions.

The US and Russian exceptionalism to certain international standards and norms create difficulties in the emerging global order. In a multipolar world, it is up to the middle powers and powerful regional economic organisations such as EU, ASEAN, UNASUR, AU, CARICOM, etc., to create a balance between global interest and national interest if these two interests are to co-exist in the emerging world order.

Multilateral treaties and multilateral non-treaty instruments are increasing in volume. At least one-fourth of the Legislative Agenda of Parliaments in developed and developing countries relates in one way or another to these treaties. These two legal instruments are indispensable for international cooperation, international coordination, inter-dependence and above all in maintaining peace and security in a rapidly changing world.

In the 21^st century, everything is changing – bit by bit – in front of our very eyes through multilateral treaties and multilateral non-treaty instruments. Unless UNSC is reformed in a multipolar world, UNSC will become a toothless Council in a changing world where new Organisations are emerging to resolve international problems and challenges in a more equitable manner. Unfortunately, USA is losing an opportunity to be the leader of the free world by not balancing the regional interest and national interest in Ukraine and Palestine in an equitable manner

(The author was the former Ambassador and Permanent Representative to the United Nations in Vienna, Austria. He served the UN/DTCD, New York, for many years. He is, at present, the President of the Association of Former International Civil Servants (AFICS). Email : mendis_law@yahoo.com

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High Stakes in Pursuing corruption cases

Published

5 hours ago

2026/05/12

Sahan Weerasooriya

Kapila Chandrasena

The death of the most important suspect in the Sri Lankan Airlines Airbus deal has drawn intense public speculation. Kapila Chandrasena the former CEO of the heavily loss-making national airline was found dead under circumstances that the police are still investigating.

He had recently been arrested by the Commission to Investigate Allegations of Bribery or Corruption in connection with the controversial Airbus aircraft purchase agreement signed in 2013. Police investigations are continuing into the cause of death and whether or not he committed suicide. The unresolved death brings to light the high stakes involved in accountability efforts of this nature.

The uncertainty surrounding Chandrasena’s death has revived public memories of other mysterious deaths linked to corruption investigations and public scandals. Among them is the death of Rajeewa Jayaweera, a former SriLankan Airlines executive and outspoken critic of the Airbus transaction. He was following in the tradition of his father, the late foreign service officer and public servant Stanley Jayaweera who mentored the younger generation in good governance practices and formed the group “Avadhi Lanka” along with icons such as Prof Siri Hettige. Rajeewa had written a series of articles exposing irregularities in the deal before he was found dead near Independence Square in Colombo in 2020. The CCTV cameras in that high security area were turned off. Questions raised at that time whether or not he had committed suicide were not satisfactorily resolved.

The controversy about the cause of Chandrasena’s death is diverting attention away from the massive damage done to the country by the SriLankan Airlines deal itself. The value of the aircraft agreement was close to the size of the International Monetary Fund bailout package that Sri Lanka desperately needed by 2023 in order to stabilise the economy after bankruptcy. Sri Lanka’s IMF Extended Fund Facility amounted to about USD 3 billion spread over four years. The comparison shows the scale of the losses and liabilities that irresponsible and corrupt decisions have imposed on the country and which must never happen again.

Wider Pattern

The corruption linked to the Airbus transaction came fully into the open only because of investigations conducted outside Sri Lanka. In 2020 Airbus agreed to pay record penalties of more than EUR 3.6 billion to authorities in Britain, France and the United States to settle global corruption investigations. Sri Lanka was identified as one of the countries where bribes had allegedly been paid in order to secure contracts. The Airbus deal involved the purchase of six A330 aircraft and four A350 aircraft valued at approximately USD 2.3 billion. Investigations showed that Airbus paid bribes amounting to nearly USD 16 million in order to secure the contract. According to court submissions, at least part of this money amounting to USD 2 million was transferred through a shell company registered in Brunei and routed through Singapore bank accounts linked to the late airline CEO and his wife.

The commissions involved in this deal may seem comparatively small compared to the overall value of the contracts but devastating in their consequences. But they also show that a few million dollars paid secretly to decision makers could lead to the country assuming liabilities worth hundreds of millions or even billions of dollars over decades. This is why corruption is not simply a moral issue. It is a direct economic assault on the living standards of ordinary people. Money lost through corruption is money unavailable for schools, hospitals, rural development and job creation. In the end the burden falls on ordinary citizens who are left to repay debts incurred in their name without receiving commensurate benefits in return.

The SriLankan Airlines transaction gives an indication of the wider pattern of corruption and misuse of national resources that has taken place over many years. This was not an isolated incident. There were numerous large scale infrastructure and procurement projects that imposed heavy debts on the country while enriching politically connected individuals and their associates. Other projects such as the Colombo Port City, Hambantota Harbour and highway construction reveal a similar pattern.

Less publicised but equally damaging scandals have involved fertiliser medicine and energy contracts. Investigations into medicine procurement in recent years uncovered allegations that substandard pharmaceuticals had been imported at inflated prices causing both financial losses and risks to public health.

Moral Renewal

The present government appears determined to investigate major corruption cases in a manner that no previous government has attempted. Those who ransacked and bankrupted the treasury need to be dealt with according to the law. There is considerable public support for efforts to recover stolen assets and ensure accountability.

In his May Day speech President Anura Kumara Dissanayake stated that around 14 corruption cases were nearing completion in the courts this very month and called upon the public to applaud when verdicts are delivered. Political opponents of the government claim that such comments could place pressure on the judiciary and blur the separation between political leadership and the courts. But the deeper public frustration that underlies the president’s remarks also needs to be understood.

The challenge facing Sri Lanka is twofold. The country must ensure that justice is done through due process and independent institutions. If anti corruption campaigns become politicised they can lose legitimacy. But if corruption and abuse of power continue without consequences the country will remain trapped in a cycle of economic decline and moral decay. Sri Lanka also needs to confront past abuses linked to the war period. There are allegations of kidnapping, extortion, disappearances and criminal activity in which members of the security forces have been implicated. Vulnerable sections of the population suffered greatly during those years. If political leaders turned a blind eye or actively connived in such crimes they too need to be held accountable under the law. Selective justice will not heal the country. Accountability must apply across the board regardless of political position, ethnicity or institutional power.

Sri Lanka has paid a very heavy price for corruption and impunity. The economic collapse of 2022 did not occur overnight. It was the result of years of bad governance, reckless decision making, abuse of power and the misuse of public wealth. If the country is to move forward the focus cannot be diverted by sensational speculation alone. Suspicious deaths and political intrigue may dominate headlines for a few days. But the larger issue is the system that enabled corruption to flourish without accountability for so long. The real national task is to end that system. Sri Lanka cannot build a prosperous future on a foundation of corruption and impunity. Unless those who looted public wealth are held accountable and the systems that enabled them are dismantled, the country risks repeating the same cycle again.

Jehan Perera

Features

When University systems fail:Supreme Court’s landmark intervention in sexual harassment case

Published

5 hours ago

2026/05/12

Sahan Weerasooriya

Over seven years after making an initial complaint of sexual harassment against her research supervisor, Dr. Udari Abeyasinghe, then a temporary lecturer and now a senior lecturer at the University of Peradeniya, has been finally served justice. On May 8, 2026, the Supreme Court made the following directions regarding Udari’s fundamental rights case: “1) The 1st Respondent [her research supervisor] is prohibited from accepting any post, whether paid or not or honorary, in any university, educational institute or other academic institution; 2) The UGC to issue a direction to all universities and other institutions, coming under its purview, to abstain from giving any appointment, whether paid or not, or honorary, to the 1st Respondent; and 3) The University of Peradeniya, including the Council and respective Respondent [sic], are directed to take appropriate measures to enforce and raise awareness of the University of Peradeniya’s policy on Sexual or Gender-Based Harassment and Sexual Violence for staff and students, including conducting mandatory annual seminars for all academics, staff and students.” I recently spoke with Udari to learn about her experience battling the University’s sexual and gender-based violence (SGBV) procedures.

Violence and injustice

Udari was a temporary lecturer when she began working on her MPhil degree. Her research supervisor was a Senior Professor and Dean of her faculty. The harassment began in 2017.

When Udari reached out for support to the SGBV Committee of the University of Peradeniya, the Chair explained the complaint procedure, including how a third party could make a complaint on her behalf. In July 2018, Udari’s mother made a written complaint to the Vice Chancellor (VC). “The very next day [my supervisor] called me … and asked me to withdraw the complaint because it would look bad for me … the university should have taken measures to separate the complainant from the perpetrator … but nothing like that happened.”

Before making the formal complaint, Udari reached out to other academic staff at her Faculty. She shared her experience with a few close colleagues. Many advised her to leave the Faculty. “No one in the Faculty supported me publicly, although some sympathised privately … I was a temporary lecturer … no one really cared.” Some of her colleagues and non-academic staff who knew about the harassments, asked her to avoid involving them because they feared retaliation from higher powers.

Udari faced a preliminary inquiry and then a formal inquiry. The preliminary inquiry took place about four months after her complaint, and the inquiry committee recommended proceeding to a formal inquiry. The latter was held about a year after the initial complaint. “I got to know unofficially that [my supervisor] had got hold of all the statements made at the preliminary inquiry and pressured some colleagues to change their statements before the formal inquiry.” During the time of the formal inquiry, an anonymous letter (“kala paththaraya”) was circulated among staff: “It was a character assassination … the same kala paththaraya would get circulated from time to time.” After the formal inquiry committee submitted its report and recommendations, Udari was informed, in writing, that the University Council had dismissed the report.

“Neither the preliminary inquiry report nor the formal inquiry report were shared with me … I had to make a formal request to the VC and only then did I get a copy of the preliminary inquiry report… I had to get the formal inquiry report through an RTI (a request under the Right to Information Act). What I understand is that [my supervisor] had influenced the Council … that’s why they rejected the report…saying there had been a delay of six months to make a complaint ….” (N. B. there are no time limitations for submitting a complaint in the SGBV by-laws of the University of Peradeniya, although such time bars exist at other universities).

Udari then submitted formal complaints to the University Grants Commission (August 2020) and the Human Rights Commission of Sri Lanka (December 2020), and finally filed a fundamental rights case at the Supreme Court in March 2021. Five years later, on May 8th 2026, Udari’s complaint was vindicated.

University procedures and inquiries

When her mother submitted the complaint against her supervisor, Udari was a temporary lecturer. She had given up her dream of pursuing an academic career because she did not think she would be recruited to a permanent position after making a complaint against a faculty member. It is encouraging that Udari was recruited, but in most instances, students and junior staff endure and stay silent to avoid jeopardising their academic careers. We currently have no procedures in place at universities to protect victims and witnesses from backlash.

According to Udari, the former Chair of the SGBV Committee and the members of her preliminary inquiry panel played a crucial role in her case, and, in her words, “could not be influenced.” But SGBV by-laws at state universities place inordinate power in the hands of the Council and VC. According to the SGBV by-laws of the University of Peradeniya, the Council appoints the 15-member SGBV Committee comprising “[t]wo (02) persons from among the members of the Council; [t]en (10) persons drawn from the permanent and senior members of the academic community; and [t]hree (03) persons external to the University, from among the retired academic or administrative staff of the University” (Section 2.1). While the by-laws recommend appointing persons who have demonstrated “gender-sensitivity, proven interest in working on issues of gender equality and equity, and trained to investigate and inquire into cases of sexual or gender-based harassment and sexual violence” (Section 2.1), we know this is often not the case. In many universities, VCs control which cases are taken up and end up in an inquiry. Most students and staff at state universities have little faith in the existing SGBV complaint procedures.

As Udari experienced, the decisions of inquiry committees can be overruled and dismissed by University Councils, indicating the importance of appointing appropriate members to the Councils. The Deans of faculties, who are Ex-officio members, usually collude to protect their own interests and fiefdoms, while the appointment of external members to Councils is deeply politicised. At present, there is no application process or vetting of candidates before they are appointed. They are usually persons who are seen to be sympathetic to the incumbent political dispensation. Furthermore, external members are dependent on the university hierarchy for information on the issues being discussed, the details of which are often hidden from them. It is not surprising then that University Councils would adjudicate on the side of power.

Final recommendation

Beyond barring Udari’s former research supervisor from holding positions in the university system, the Supreme Court has directed the University of Peradeniya to raise awareness on SGBV among staff and students. While SGBV is addressed in the induction courses and orientation programmes at universities, staff and students must be made aware of the nitty-gritties of complaint procedures, including time bars, which were crucial to the outcome of Udari’s case. But is raising awareness sufficient? Do we have ways to hold university authorities accountable for arbitrary and/or prejudicial decision-making and other abuses of power?

For Udari, life continues to be difficult, with constant surveillance of her activities.

“In November 2024 , I shared a post about my case.. it was a newspaper article stating that the Supreme Court had granted leave to proceed… I just took a photograph of it and posted it on my Facebook without any captions… a few weeks later I was summoned by higher authorities…I was informed that several academics had verbally complained about me using my social media to tarnish the name of the faculty and the university and, if that’s the case, that I should know that the University Council has the authority to take action against me … we also spoke briefly about the case and at one point I was told that this incident (harassment) happened to me because I showed some positivity towards (the perpetrator) …”

Let’s hope that university administrations pause before victimising and revictimising SGBV survivors in future. As a community, we have to rethink the hierarchical ways in which universities function and create a meaningful mechanism that supports students and staff to complain without fear of repercussion.

Thank you, Udari, for taking this step forward. University administrations will have to stop, listen and change their ways.

(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna, and is an alumna of the University of Peradeniya).

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

By Ramya Kumar

Features

‘Nidahase’ in the spotlight

Published

5 hours ago

2026/05/12

Sahan Weerasooriya

Senani Wijesena, the Sri Lankan-Australian singer-songwriter, known for fusion pop/R&B with ethnic elements, like the tabla and sitar, is in the news again.

She was featured in The Island, in early April (2026), regarding her career in the music scene, and the release of her first ever Sinhala song ‘Nidahase.’

The song was released in Sri Lanka, on 17th April, with Senani in town to do the needful.

The music video was filmed at the Polgampola Waterfall, in Sri Lanka, and also features co-star Senura Ambegoda … playing the romantic interest.

Describing the setup, Senani had this to say:

“To achieve the high falls scenes, I had to climb large rocks and slippery edges to get to the top of the falls, and I had to do it in the yellow saree I was wearing. Of course the film crew assisted me.”

The initial scenes were filmed in bustling Pettah where Senani meets co-star Senura Ambegoda, working in a street stall, and when their eyes meet it triggers a memory of soul connection and transports her into another world entering the forest scene.

The forest, says Senani, symbolically represented a retreat to nature and peace.

The couple later rejoin at Colombo City Centre where they danced together and enjoyed each other’s company.

Says Senani: “The short dance routine was created on the spot, on set. Senura is a dance teacher, as well as a model and actor, and we learnt the routine, in 10 minutes, before it was filmed.”

‘Nidahase’ means Freedom in English – about being free in life, love, expression and movement.

It’s, in fact, a reworked version of her highly successful English song ‘Free’ which was nominated for a Hollywood Music In Media award in the RNB/Soul category, and also reached the Top 20 of the Music Week Dance charts in the UK.

‘Nidahase’ can be heard on all streaming platforms, including Spotify, Apple Music and Amazon.

Senani’s YouTube channel is www.youtube.com/senanimusic

Her social media pages are: www.instagram.com/senanimusic and www.facebook.com/senanimusic. Her website is www.senani.com

For the record, Senani is the daughter of film actress Jeevarani Kurukulasuriya and Dr Lanka Wijesena.