Category Archives: Fundamental or Human Rights
‘Towards a Bundle of Duties – Shell v Milieudefensie Confirms Major Developments in Climate Change Liability’
This week’s decision in Shell v Milieudefensie from the Hague Court of Appeals seemed like a blow to climate litigation: Milieudefensie was ultimately unsuccessful in convincing the Court that it could transpose a global requirement for 45% emissions reductions by 2030 into an obligation for a particular actor or sector. Yet, the Court of Appeals […]
Adi Gal, ‘Human Remedies’
ABSTRACT Since its inception, the human rights movement has concentrated on rights, whereas remedies have remained peripheral. Human rights conventions, courts, and nongovernmental organizations have theorized, analyzed, and sought to internationalize rights, but remedies have been treated as an afterthought. While the human rights movement has taken a key position in international law, the possibility […]
Emmanuel Slautsky, ‘Climate litigation, separation of powers and federalism à la belge: a commentary of the Belgian climate case’
INTRODUCTION Climate litigation is booming worldwide. Belgium is no exception to that trend. In the latest development, on 30 November 2023, at the start of COP 28, the Brussels Court of Appeal delivered its long-awaited ruling in the climate case (Klimaatzaak/Affaire climat), the Belgian counterpart to the well-known Dutch Urgenda case. the Belgian ruling is […]
Dadush, Schönfelder and Streibelt, ‘What the EU’s Corporate Sustainability Due Diligence Directive Says About Contract’
ABSTRACT This policy brief was prepared by the Responsible Contracting Project to analyze the content of the newly adopted EU Corporate Sustainability Due Diligence Directive (CSDDD) with respect to commercial contracts. On July 5, 2024, the CSDDD was published in the Official Journal of the European Union. It will enter into force on July 25, […]
‘Doing Justice to Justice in EU Data Law’
Data-driven technology has become a mainstay in our societies. Feeding AI systems and the IoT, large-scale datasets have the potential to radically reshape our understanding of things and basic social practices. It should thus come as no surprise that regulating data has become a central concern of regulation across the world. The European Union’s (‘EU’) […]
‘Insuring global social justice: After success with legal claims, transnational remedial institutions are needed in a global value chain economy’
As a child in the 1980s, the clothes I wore were manufactured in the country where I lived, Finland. As an adult in the 2020s, when I buy clothes to my own children, they are ‘designed’ in Finland but manufactured in places such as Bangladesh, China and Vietnam. What happened, and what does this entail […]
‘How the “Legal Capacity” of Persons with Disabilities May Serve as a Tool for Social Justice in Europe?’
Self-determination, employment, housing, and access to credit are essential aspects of social justice insofar as they are necessary to satisfy citizens’ fundamental needs and ensure a range of basic entitlements (Caruso 2013). All these central traits of the human condition are closely connected with (and dependent on) one of the basic and traditional concepts of […]
‘Reconceptualising the Social Dimension of Business Freedoms through a Fundamental Rights Lens’
The balancing of economic and social rights and interests has provoked an almost perennial discussion within the context of the deepening and widening of European Union (EU) integration. In my forthcoming monograph, Business Freedoms and Fundamental Rights in European Union Law (OUP 2024), I explore further the fundamental rights implications of this debate, with an […]
Radjas and Akin, ‘Strengthening the Efficacy of the CSDDD through Private International Law’
ABSTRACTWith the rise of expectations regarding corporate sustainability, the regulatory landscape for companies has expanded to encompass both international and national dimensions. This expansion is a response to the far-reaching ecological and social consequences of corporate activities that transcend national boundaries. Notably, the European Union (EU) has also realized this aspect while addressing these global […]
Michele Gilman, ‘The Impact of Proptech and The Datafication of Real Estate on The Human Right To Housing’
ABSTRACT Proptech is undermining the human right to housing. Proptech is a term of art for the digital transformation of the real estate industry. It includes a range of real estate businesses engaged in development, financing, construction, management, and more. Proptech’s boosters promise frictionless and efficient housing markets. However, Proptech appears to be reinforcing existing […]