Monthly Archives: October, 2026
Hanoch Dagan, ‘Autonomy and Pluralism’
ABSTRACT Fiduciary law is a wholesale legal category. It addresses a wide variety of deeply heterogenous legally-constituted or legally-facilitated frameworks. In this short entry, written for the forthcoming Concise Encyclopedia of Fiduciary Law (Yifat Naftali Ben Zion and D Gordon Smith eds), I argue that refining the distinctive contribution of fiduciary law to autonomy, while […]
Northon Salomão De Oliveira, ‘The Human Person in Contemporary Legal Theory: From Human Being to Legal Person and the Foundations of Rights’
ABSTRACT Contemporary legal systems use the word ‘person’ for two different operations. The first recognizes every human being as a subject of law. The second attributes legal personality to entities such as corporations, foundations, rivers, religious idols and, prospectively, software, because doing so serves identifiable legal functions. Scholarship on legal personhood tends to treat both […]
Peter Teunissen, ‘A Fence Full of Gaps: Pastiche and Creative Reuse in EU Copyright Law’
ABSTRACT This article examines how EU copyright law accommodates creative reuse within its closed system of exceptions and limitations. While the reproduction right encompasses a broad range of derivative and transformative uses, the Court of Justice has consistently rejected the possibility of relying on fundamental rights to create exceptions beyond those provided for by the […]
Davronbek Abdugaffarov, ‘Product Liability for Artificial Intelligence in Germany and an Agenda for Modernisation in Uzbekistan and the CIS’
ABSTRACT Germany is currently completing one of the most significant modernisations of its product liability law in four decades. The Regierungsentwurf implementing Directive (EU) 2024/2853, submitted to the Bundestag in February 2026 and scheduled to enter into force by 9 December 2026, for the first time defines software and artificial intelligence systems as ‘products’ capable […]
Hanna Churpita and others, ‘Legal Certainty in Substantive Law as a Condition for Effective Civil Proceedings: The Perspective of the European Court of Human Rights’
ABSTRACT Historically, the effectiveness of civil proceedings has been analyzed mainly through procedural guarantees; the case-law of the European Court of Human Rights, however, increasingly shows that the quality of substantive regulation also affects the practical effectiveness of judicial protection. Under conditions of normative instability and broad judicial discretion, legal certainty acquires systemic importance for […]
Paul Rink, ‘Toward New Standards in Strategic Climate Rights Litigation’
ABSTRACT Plaintiffs around the world are relying on carbon budgets derived from the Paris Agreement’s 1.5°C and 2°C global warming temperature targets as proposed metrics for states’ human rights compliance. Although these budgets are an important policy tool in efforts to combat the climate crisis, this litigation trend is misguided. Such emissions allocations are conceptually […]
Andrew Burrows, ‘The Relationship between Contract and Unjust Enrichment’
… The relationship between the law of contract and the law of unjust enrichment has long perplexed courts and commentators. In considering the relationship afresh, I want to consider several leading cases including a Supreme Court case in which, along with Lord Leggatt, I dissented, namely Barton v Morris. It is helpful to start with […]