Category Archives: Fundamental or Human Rights
Gleckel and Nisbet, ‘Free Speech Versus Property: When Deception Can (And Can’t) Give Rise to Trespass’
ABSTRACT If a person intentionally enters private property without consent, this entry amounts to the world’s most basic tort: trespass. If the person has the landowner’s consent to enter, there is no trespass. Simple enough. But what if the person obtains consent through deception? Does the deception vitiate consent, turning the entry into a trespass? […]
Bueno and Ngueuleu Djeuga, ‘Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?’
ABSTRACT How will international investment agreements look like now that the EU Corporate Sustainability Due Diligence Directive (csddd) has entered into force? The CSDDD requires companies to respect human rights and the environment in their global value chains. Besides its public enforcement mechanism, a central element of the csddd is its civil liability provision according […]
Zuzanna Nowicka, ‘SLAPP vs Mutual Trust: Protecting the Public Debate Through Public Policy Considerations’
ABSTRACT This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The […]
Kerry Sun, ‘Trespass, Campus Encampments, and the Charter’
ABSTRACT This article comments on the Ontario Superior Court’s decision granting an injunction to evict a pro-Palestinian encampment from the University of Toronto campus. Prior to the ruling, some commentators attempted to interpose the Charter into the encampment disputes, contending that it applied to universities and suggesting it would alter the outcome of a trespass […]
Akkermans and Fox O’Mahony, ‘Resilient property, climate change and the decision in Verein KlimaSeniorinnen Schweiz v Switzerland’
ABSTRACT ‘Climate change’ decisions have opened up important questions for property lawyers in relation to the role of property law – and more specifically land law – in exacerbating or mitigating climate and ecological harms. Environmental and ecological sustainability, anthropogenic change and actions to advance the UN’s Sustainable Development Goals (SDGs) depend on material land […]
James Murray, ‘Towards a More Conventional Approach: Article 10 and Unfair Dismissal in England (Case Comment)’
ABSTRACT This case note considers the case of Aghajanyan v Armenia and gives comment on how it impacts protection for Article 10 Convention rights in the context of the employment relationship, with particular focus on how it might impact the development of the English law of unfair dismissal in the context of both current and […]
Cristina Tilley, ‘The Power Of All: Tort In The Age Of Constitution’
ABSTRACT Life in a multicultural nation can be fraught. The United States is a case in point, with hostile tension between members of competing identity groups playing out today on streets, in offices, and across the media. Modern Americans assume that bridging race, gender, and class inequity is the stuff of public – constitutional – […]
Tapan Kumar Maiti, ‘Horizontal Effect in Law: Interactions Between Fundamental Rights and Private Law in Societal Constitution’
ABSTRACT The concept of the horizontal effect in law concerns the application of fundamental rights within private legal relationships. This phenomenon is pivotal in understanding how constitutional rights extend beyond the vertical relationship between individuals and the state to influence interactions between private parties. The horizontal effect raises significant theoretical and practical questions about the […]
Nabil Khabirpour, ‘A Tale of Two Cases and a Story Yet Untold: Access to Justice and Legal Advice under the Civil Limb of Article 6 ECHR’
ABSTRACT The proposition that universal access to justice should be a guiding aim of any system of law is, today, commonly recognised. Less clear, however, is what the implementation of this principle should entail in practice if a party cannot afford legal assistance. This article explores the role European human rights law can play in […]
Michael Wells, ‘Compensatory Damages and Dignitary Harm in the Upcoming Restatement of Constitutional Torts’
ABSTRACT A new Restatement of Constitutional Torts, just getting underway, and the Restatement (Third) Torts (Remedies) now in draft, provide an opportunity to revisit issues that have lain dormant for decades. In particular, federal courts typically require constitutional tort plaintiffs to prove physical or emotional harm in order to obtain damages. That doctrine deserves re […]