Category Archives: Fundamental or Human Rights
Claudia Haupt, ‘The Horizontal Effect of Fundamental Rights’
ABSTRACT This chapter examines in comparative perspective the constitutional doctrine of horizontal effect as it relates to speech and data privacy on social media platforms. In the United States, the fundamental right to free speech is conceptualized as a negative right directed against the state. But whereas protecting private speech against government restrictions is the […]
David Snyder, ‘Contracts as an Instrument of International Management and Governance’
ABSTRACT This chapter provides a general legal overview of model contract clauses to bring environmental, social, and governance (ESG) values into contracts in international supply chains. It is the lead analytical chapter in the book Contracts for Responsible and Sustainable Supply Chains. The book contains actual model contract clauses as well as chapters providing extensive […]
Mateusz Grochowski, ‘Freedom of Speech, Consumer Protection and the Duty to Contract’
ABSTRACT Despite this plethora of accounts, certain aspects of the liaison between fundamental rights and private law are still a riddle. One such area is the relationship between consumer protection and freedom of expression. In an interesting turn of events, three high courts on either side of the Atlantic grappled with this problem almost in […]
Vidir Petersen, ‘Climate Change and the Social Function of Property – A Human Flourishing Reading of Article 1 of Protocol No 1 to the European Convention on Human Rights’
ABSTRACT There is tension between private property and climate change action. A lot of the planet’s land area is privately owned, but at the same time drastic measures are needed in the battle against climate change. This begs the question how far States can go in regulating climate change, without triggering the compensation requirement under […]
Canbolat and Koşar, ‘Freedom of the Press and the Protection of Personality Rights in Türkiye from the Perspective of the European Court of Human Rights’
ABSTRACT This article seeks to explore the freedom of the press and the protection of personality rights in Türkiye from the perspective of the ECtHR. First, this article reviews the freedom of the press in Türkiye. Second, it examines personality rights as a limit to the freedom of the press under Turkish law. To this […]
‘The Transformation of European Climate Change Litigation’
In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change. In Verein KlimaSeniorinnen Schweiz and Others […]
Allison and Minas, ‘Liability for False Imprisonment and Judicial Immunity in Australia’s Federal Court System’
The Australian case of Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020, stemmed from one of the parties to a routine family law property dispute, Mr Stradford, being declared in contempt of court by Judge Vasta of the Federal Circuit Court of Australia (‘FCC’). He was detained and falsely imprisoned for the purported contempt […]
Philip Sales, ‘Constitutional Values in the Common Law of Obligations’
ABSTRACT ‘Constitutional values’ is a term which appears to relate to concepts of what is now called public law. By constitutional values, I mean the basic ideas and interests which structure relations between the individual and the state, and the obligations to which they give rise, which underlie the common law and to which it […]
Elena Izyumenko, ‘Intellectual Property in the Age of the Environmental Crisis: How Trademarks and Copyright Challenge the Human Right to a Healthy Environment’
ABSTRACT In the face of the escalating environmental crisis driven by overconsumption, there is a growing recognition of the urgent need for environmental consciousness and a sustainable, circular economy. Practices like repair, refurbishment, and fashion upcycling have emerged as tangible efforts to mitigate the negative effects of this crisis. Perhaps unexpectedly, however, trademark and copyright […]
Bui Tien Dat and Do Giang Nam, ‘The Horizontal Effect: Conceptualisation and Application of Constitutional Rights in Private Law’
ABSTRACT Private law has traditionally followed a separate mindset of rights, which is not necessarily related to the constitution. With the rise of constitutionalism in the world, thinking about constitutionalism and fundamental rights has spilt over into private law. The constitutionalisation of private law (or the horizontal effect of constitutional rights on relations between private […]