Achalie Kumarage

Achalie is an Attorney-at-Law and a Lecturer at the Faculty of Law, University of Colombo, Sri Lanka. She obtained her LL.B. from the Faculty of Law University of Colombo and completed LL.M. with a Distinction. She obtained her second LL.M. from American University Washington College of Law, USA, where she was the recipient of Solf Award for the highest scholastic average in the Program, Ed Bou Award for the foreign-born LL.M. graduate and the Outstanding Research and Writing Award. Her research interests are comparative law, legal systems, family law, feminist legal theory and gender indicators. Achalie is a Fulbright scholar.

Designation: University of Colombo, Faculty of Law
Institution: University of Colombo, Faculty of Law
Paper: Of Convergence and Transplantation: The Human Rights Project, Performance Indicators and Implications for Asia
Abstract: "Of Convergence and Transplantation: The Human Rights Project, Performance Indicators and Implications for Asia Performance Indicators have assumed an impactful role in modern governance. Indicators, in the current context, are not merely performance evaluation tools but competition generators and propellers of legal reform. Focused on this, the paper proposes a two-pronged thesis: the role of performance indicators as tools of measurement of success of world legal orders, and this function leading to convergence of legal systems in Asia to a single-track legal model. In advancing the thesis, the paper explores the dual role of performance indicators: as ‘policing’ agents penalizing violators and motivating conformers, and ‘propagators’ of convergence of legal systems through standardization. Illustrating the functions, the paper draws examples from global performance indicators. The purpose is to depict how Asian legal systems, where legal pluralism is predominant, have continuously been identified as poor performers in need of reforms. The paper proposes a three-fold analysis, based on taxonomy of legal systems, convergence and legal transplantation to explore the phenomenon of Asian legal systems performing poorly against the criteria laid by performance indicators. The paper investigates how well to reform the local legal systems in Asia, without unreasonably altering the core legal values and the normative basis that they are founded upon."