Category Archives: Fundamental or Human Rights
Kohl, ‘What Post-mortem Privacy May Teach Us About Privacy’
ABSTRACT This paper approaches the debate about the protection of digital legacies through a medical confidentiality lens, capitalising on its outlier status in common law jurisdictions as a privacy-type duty that survives the death of the rightsholder. The discussion takes the relatively recent case law in England and Wales and by the European Court of […]
Davies, ‘Compulsory licensing: an effective tool for securing access to Covid-19 vaccines for developing states?’
ABSTRACT A significant issue in combatting the Covid-19 pandemic is the need to enhance developing states’ access to Covid-19 vaccines. The present paper considers the request for a temporary waiver of intellectual property rights in relation to Covid-19 technologies and treatments submitted to the World Trade Organization and analyses a key argument against the proposed […]
Viangalli, ‘The Invisible Man in the Digital Age: From Myth to Reality’
ABSTRACT The dream of invisibility is as old as man himself. From Antiquity to the present day, the invisibility has fed myths, literature, philosophy, and, of course, the art of war. After the Greek mythology and HG Wells novel, The Invisible Man, the digital age has turned the invisibility to a very serious debate, which […]
Lynskey, ‘Complete and Effective Data Protection’
ABSTRACT Data protection law is often invoked as the first line of defence against data-related interferences with fundamental rights. As societal activity has increasingly taken on a digital component, the scope of application of the law has expanded. Data protection has been labelled ‘the law of everything’. While this expansion of material scope to absorb […]
Wicks, ‘The role of the right to life in respect of deaths caused by negligence in the healthcare context’
ABSTRACT This article investigates the question of whether a death caused by negligence in the healthcare context is capable of violating the right to life under Article 2 of the European Convention on Human Rights. This provision imposes extensive positive obligations upon Contracting States, including an operational duty to take reasonable steps to save a […]
Laura Melrose, ‘Emerging trends in Australian climate change litigation: Bringing the heat’
ABSTRACT This article examines trends in Australian climate change litigation and emerging possibilities for future cases. It considers three categories of case: public sector government accountability, corporations in the private sector, and human rights. This analysis situates cases within the Paris Agreement categories of action (adaptation, mitigation, and loss and damage) and shows how the […]
Bohdan Karnaukh, ‘Territorial Tort Exception? The Ukrainian Supreme Court Held that the Russian Federation Could Not Plead Immunity with regard to Tort Claims Brought by the Victims of the Russia-Ukraine War’
ABSTRACT The jurisdictional immunity of a state means that the state cannot be involved as a defendant in a case considered by a foreign court. In Ukraine, the rule on the jurisdictional immunity of a foreign state is enshrined in Art 79 of the Law of Ukraine ‘On Private International Law’. Until 14 April 2022, […]
Laura Burgers, ‘An Apology Leading to Dystopia: Or, Why Fuelling Climate Change Is Tortious’
ABSTRACT This invited response commentary engages with Benoit Mayer’s case comment, published in this issue of Transnational Environmental Law, on the recent landmark decision by the District Court of The Hague (The Netherlands) of May 2021 in Milieudefensie v Royal Dutch Shell. The Court ordered the oil giant Royal Dutch Shell to reduce at least […]
Ndlovu and Nwauche, ‘Free, Prior and Informed Consent in Kenyan Law and Policy After Endorois and Ogiek’
ABSTRACT This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare […]
Geoffrey Rapp, ‘LGBTQ+ Rights, Anti-Homophobia and Tort Law Five Years After Obergefell’
ABSTRACT Tort law’s intersection with the rights of members of minority and historically oppressed groups is complicated, and its status as an instrument for the advancement of rights tenuous. Tort law embraces a ‘reasonable person’ analysis, with liability circumscribed by the attitudes, impressions, beliefs, knowledge, and understanding of the fictional average member of ‘the community’, […]