Category Archives: Fundamental or Human Rights
Iwona Wróblewska, ‘Do We Need the Concept of Drittwirkung to Protect Fundamental Rights in Private Relations? A Lesson from Germany’
ABSTRACT The Drittwirkung determined the discussion on the impact of fundamental rights on private relations, significantly influencing the dogmatics of fundamental rights and the paradigm of their application in Germany. The current state of development of the Drittwirkung is a result of a dialogue over the course of several decades in German academia between the […]
Güneş and Kurtulan-Güner, ‘Different Grounds for Climate Change Liability: Can Tort Lawyers Draw Inspiration from Rights-Based Climate Litigation?’
ABSTRACT Tort law and human rights law represent two distinct legal frameworks that have been deployed in climate change litigation. Historically, early climate cases were predominantly grounded in tort law; however, a more recent and significant trend, referred to by some scholars as the ‘rights turn’, has seen a surge in rights-based claims. Despite the […]
Jane Thomson, ‘Public Order and Capricious Wills in Quebec: Some Important Lessons for the Rest of Canada’
ABSTRACT Quebec is a leader when it comes to avoiding testamentary conditions that perpetuate discrimination. It has held this a position for over a century, with its public order decisions long pre-dating famous common law cases hailed as firsts in this area of the law. Some might balk at the idea of citing Quebec jurisprudence […]
Christophe Geiger, ‘The (Renewed) Relevance of Constitutionalizing Intellectual Property, Why Human Rights are More than Ever Crucial to Shape and Use IP Law’
ABSTRACT This paper is an updated version of the chapter entitled ‘Reconceptualizing the Constitutional Dimension of Intellectual Property – An Update’ which appeared in the previous edition of the volume edited by Paul LC Torremans entitled ‘Intellectual Property Law and Human Rights’. It draws on previous research published by the author on the ongoing ‘constitutionalization’ […]
Nathan Tamblyn, ‘Human rights and the arbitration of trust disputes’
ABSTRACT This article discusses whether the arbitration of trust disputes would be contrary to the right to a fair trial. Nathan Tamblyn, Human rights and the arbitration of trust disputes, Trusts & Trustees. Published: 8 November 2025.
‘Beyond Copyright: The Secondary Publication Right as a Shield for Fundamental Rights’
The digital era has profoundly reshaped scholarly communication, presenting both unprecedented opportunities and significant legal challenges. While technology allows for the widest public engagement, the dissemination of knowledge often remains limited or in the hands of a few private entities. In most cases, researchers who lack contractual retention of their rights will sign contracts that […]
Fabrizio Cafaggi , ‘Regulatory contracts, fundamental rights and third parties’ protection’
ABSTRACT In this chapter, the link between the regulatory functions of transnational commercial contracts and the supply chain governance is explored. Commercial contracts regulate trade within the chain and externalities on third parties for violations of due diligence obligations. The integration of the regulatory function in commercial contracts may cause some conflicts because the interests […]
Paulina Milewska, ‘The Price of Reputation: Freedom of the Press and Proportionality in Real Madrid v Le Monde (ECJ 4 October 2024)’
INTRODUCTION In recent years, the threat posed by strategic lawsuits against public participation (SLAPPs) has come sharply into focus in the EU. The case of Maltese journalist Daphne Caruana Galizia, who faced over 40 defamation actions before her assassination, became emblematic of how powerful actors use litigation to silence critical reporting. These lawsuits can chill […]
‘Dialogues: Interrogating the Foundations of European Transnational Private Law’ (Maastricht Journal of European and Comparative Law)
Introducing European transnational private law – A conversation starter (Anna Beckers, Hans-Wolfgang Micklitz, Rodrigo Vallejo and Pia Letto-Vanamo) On the Europeanness of transnational private law: Human rights due diligence laws inside and out (Chantal Mak) How private is European transnational private law? (Kaarlo Tuori) European solidarity and the imaginative ordering of markets (Damian Chalmers) Three […]
Oren Bracha, ‘Pointless IP’
ABSTRACT This Essay examines the recent rise of originalist and textualist methods of analysis in the Supreme Court’s intellectual-property jurisprudence. The features and failures of these methods are examined by analyzing their application by the Court within three areas of intellectual-property law. In all three areas, originalism and textualism have led to perplexing and unsatisfactory […]