Category Archives: Fundamental or Human Rights
‘Forum non conveniens. Transnational tort claims against English companies involving alleged human rights abuses and environmental damage in a foreign jurisdiction’
For proceedings brought against English defendants after 1 January 2021 forum non conveniens (‘fnc’) has returned as part of the civil procedure regime post Brexit, with the repeal of the Brussels Judgments Regulations. FNC involves the English court’s power to stay proceedings against English parties served as of right in England in favour of adjudication […]
Samantha Barbas, ‘The Enduring Significance of New York Times Co v Sullivan’
ABSTRACT This essay explores the history of the landmark libel and First Amendment case from 1964, New York Times v Sullivan. The story of Sullivan is a powerful illustration of the unique functions that the press fulfills in American democracy and the importance of Sullivan’s protections of those functions. Arising out of the civil rights […]
Joanna Langille, ‘The Constitutive Demands of Corrective Justice’
ABSTRACT Ernest Weinrib’s recent book, Reciprocal Freedom, considers the implications of his Kantian corrective justice account of private law for other aspects of the legal order (including distributive justice, constitutional rights and the rule of law). The book addresses an important ambiguity left open in Weinrib’s past work: whether corrective justice places any limits on […]
Francois du Bois, ‘Constitutional Transplantation Into Private Law: From Liberal To Republican Legal Ordering’
ABSTRACT Treating the horizontal application of constitutional rights that has developed globally in the aftermath of the Second World War as not merely having a ‘radiating effect’, influencing private law from the outside, but as transplanting constitutional thought into private law, this chapter shows that horizontality converts a liberal constitutional order into a civic republican […]
‘European Rules, American Enforcement’
Luca Enriques, Matteo Gatti and Roy Shapira, ‘How the EU Sustainability Due Diligence Directive Could Reshape Corporate America’, available at SSRN (27 April 2025). Corporate America may face an unusual pairing in the fight over corporate responsibility for human rights and the environment: EU rules and US enforcement. The potential for this (unintentional) partnership is […]
Olecia James, ‘Claiming What’s Ours: Rights and Realities in Property Disputes’
ABSTRACT This article sheds light on the deeply ingrained injustices within property laws that deny many individuals their fundamental right to occupy space. It begins with the historical theft of land from Indigenous peoples, a traumatic legacy that set the precedent for the systemic erosion of property rights throughout American history. The article critiques the […]
Camila Bustos, ‘Implementing Climate Remedies’
ABSTRACT Climate change litigation has emerged as a powerful tool for addressing the climate crisis, particularly in the face of executive and legislative inaction. Across jurisdictions, courts have issued landmark decisions mandating stronger mitigation targets and recognizing rights-based claims against governments and corporations. While recent scholarship has examined the trends, legal theories, and broader effects […]
Samantha Barbas, ‘New York Times v Sullivan: A Civil Rights Story’
ABSTRACT The 1964 Supreme Court decision in New York Times v Sullivan established the ‘actual malice’ rule in libel law, requiring that in order to win a libel suit, a public official must show that a defamatory statement was false and that the speaker made the statement knowing that it was false or ‘with reckless […]
Monika Mayrhofer, ‘The concept of vulnerability and its relation to the concepts of inequality and discrimination – a review article’
ABSTRACT The concept of vulnerability is – often implicitly – assumed to enhance the protection of human rights, particularly concerning the rights to equality and non-discrimination. This article analyses the relationship between vulnerability, equality, and non-discrimination by reviewing the academic literature on this subject. Four strands of argument can be identified: The first line of […]
Book Symposium: Haim Abraham, Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights (2024)
A tort lawyer’s perspective on Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights (Paula Giliker) An English foreign relations law perspective on Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights (Uglješa Grušić) Breaking the silence – Redressing belligerent wrongs (Luke Moffett) Developing tort liability in warfare: a reply (Haim Abraham) ——!!!!!!!!!!!!—— King’s Law […]