Category Archives: Fundamental or Human Rights
Annalisa Savaresi, ‘Verein KlimaSeniorinnen Schweiz and Others v Switzerland: Making Climate Litigation History’
ABSTRACT This case note examines the landmark judgment issued by the European Court of Human Rights regarding the complaint brought by the NGO Verein KlimaSeniorinnen Schweiz and four individual applicants against Switzerland. It explores the groundbreaking nature of this judgement and its broader implications for climate change litigation at the national, regional, and international levels. […]
Susanna Kim Ripken, ‘Corporate Civil Disobedience’
ABSTRACT Classic theories of civil disobedience endorse the right of individuals to commit illegal acts to protest unjust laws and policies. Acts of civil disobedience have historically played a central role in exposing injustice and producing vital legal and social change. The literature on civil disobedience is vast; political and legal theorists have long recognized […]
E Garrett West, ‘Refining Constitutional Torts’
ABSTRACT The constitutional tort is one of the most important mechanisms for vindicating constitutional rights. But the doctrine governing such claims is in disarray. A plaintiff bringing suit against a state official under § 1983 or a federal officer under Bivens faces a series of hurdles to obtain relief: The Supreme Court has crafted absolute- […]
Steele and Swaffer, ‘“The Compensation is Changing the Future”: A Reparative Approach to Redressing Human Rights Violations Experienced by People Living with Dementia in Long Term Care’
ABSTRACT This article presents findings of an empirical study of community perspectives on redressing human rights violations experienced by people with dementia in long term care institutions (LTC institutions). Research participants – including people with dementia – expressed strong preference for a redress approach providing recognition and validation of individuals’ experiences of harm, affirming humanity […]
Rockett, Fenwick and Jurcys, ‘Fashion 4.0 and emerging designers: leveraging data and AI to drive creativity, innovation and compliance in global supply chain regulation’
ABSTRACT This paper presents three interrelated arguments concerning the fashion industry and regulation. First, we propose that Bertola’s and Teunissen’s concept of Fashion 4.0 offers a powerful framework for understanding the organization of global fashion today. This model emphasizes the dynamic, decentralized and technology-driven character of the ‘smart factories’, ‘smart networks’ and ‘smart products’ that […]
Farrington and Poesen, ‘Applicable Law In Claims For Damage Arising Out Of Unsafe Working Conditions: The Case of Begum v Maran’
ABSTRACT This article explores the issue of applicable law in cross-border negligence claims for damage arising out of unsafe working conditions. While there are special rules relating to environmental damage, no such equivalent exists for damage arising out of unsafe working conditions. Yet, such cases represent a significant subset of business and human rights claims. […]
David Capper, ‘Remedies For Mass Harms In The Global Supply Chain’
ABSTRACT Mass harm cases require an extremely high level of case management. Along with this they are extremely costly, both on an ongoing basis and in terms of the costs that would be payable to a successful defendant if the litigation fails to establish liability. This paper examines the procedural mechanisms and the funding sources […]
Juan Amaya-Castro, ‘Law and Social Traceability: Global Value Chains with a Human Face?’
ABSTRACT This paper proposes that contemporary efforts to govern Global Value Chains (GVCs), to reduce the various negative externalities that they generate, focus on the construction of a legal infrastructure that has traceability as its central function. Traceability refers to the ability to track the history, application, and location of a product or process throughout […]
Esser and Riley, ‘Corporate Liability Within Groups: Human Rights and Tort Law Perspectives’
ABSTRACT In this paper, we examine the regulatory issues that arise in protecting the interests of ‘outsiders’ from misbehaviour by corporate groups. We focus on two areas of substantive regulation, the application of human rights norms to groups, and subsequently the application of tort law (delict) in this context. In each section, we seek to […]
Giulia Gentile, ‘The (In)Effectiveness of EU Data Protection: A Rejoinder’
ABSTRACT The emergence of a highly privatised digital environment driven by data has triggered a regulatory response in the EU built on public law tools, such as fundamental rights. The EU fundamental right to data protection has had a central role in scrutinising the conducts of tech companies in the EU and beyond. The application […]