Category Archives: Fundamental or Human Rights
Nicole Štýbnarová, ‘Economic Dimensions of International Regulation of Marriage’
ABSTRACT This Article examines how the regulation of, and legal argumentation about, transnational marriages fulfill economic functions. It takes as its point of departure contemporary legal frameworks governing marriages with a transnational element in Northwestern Europe, including private international law (conflicts of laws), migration law, and human rights law. It shows that lawmakers and judges […]
Laura Filliung, ‘Algorithmic challenges in online content moderation: exploring human rights and copyright issues and proposing data trusts as a policy solution’
ABSTRACT Copyright enforcement has become one of the most contested and consequential aspects of algorithmic content moderation. While online platforms increasingly deploy automated systems to identify and manage infringing material, these mechanisms often lack contextual nuance, over-prioritise corporate rightsholders and suppress lawful content such as transformative works and fair use. YouTube’s Content ID exemplifies how […]
Jakob Hohnerlein, ‘Courts and legislation in a “constitutionalised” private law: Insights from recent German practice for strengthening the democratic side of constitutionalism’
ABSTRACT In the perpetual debate about the legitimate role of courts in a democratic state, constitutional rights have become increasingly relevant. In Germany, the doctrine of ‘horizontal effect’ of those rights has reinforced judicial creativity. The civil courts are called to interpret vague clauses of the Bürgerliches Gesetzbuch (BGB) in a way that fully implements […]
Emmanuel Kolawole Oke, ‘Building on Campbell to develop a new tort of publicity rights in England for the AI age’
ABSTRACT In Rihanna, the Court of Appeal restated the longstanding view of English courts that there is no ‘image right’ or ‘character right’ in English law. However, in Irvine, which was decided before Campbell, although the claimant was able to successfully rely on passing off to protect his image, Justice Laddie was willing to explore […]
Nwabueze and White, ‘Privacy law and the dead – a reappraisal (part II)’
ABSTRACT In an earlier article, we argued that post-mortem privacy is not sufficiently protected in England and Wales. In this article, we draw from Boonin’s posthumous harm thesis and posthumous wrong thesis to develop a framework and rationale for justifying the recognition and enforcement of a privacy right post-mortem. Essentially, our theoretical framework suggests that, […]
‘Litigating Human Rights of the Mind: US Social Media Litigation as a Wake-Up Call for Human Rights’
Last week, two US courts for the first time found Meta and Google (YouTube) liable for inflicting harm on users and for violating consumer protection law. These judgments come at a time when European digital policy is under geopolitical pressure and, at the same time, social media bans for children and adolescents are being discussed […]
‘Racial Harms, Contracts, and Reparations’
Dorothy Brown, ‘Getting to Reparations: How Building a Different America Requires a Reckoning with Our Past’ (2026). Dorothy Brown’s new book Getting to Reparations: How Building a Different America Requires a Reckoning with our Past shows that ‘the legacy of slavery … is found in every nook and cranny of American life’ (p 164). So […]
Michael Wachukwu, ‘Protection of Digital Rights in Data, Cyber and AI governance’
ABSTRACT As different Courts with different mandates and jurisdictions, the CJEU do consider various rights limitations under Article 8 of the ECHR, as interpreted by the ECtHR. This research found that the CJEU and ECtHR strive to live up to expectations under current data protection laws. However, their jurisprudence seems to fall short of providing […]
Michael Wachukwu, ‘Points of Convergence and Divergence of Scholars on the CJEU and ECtHR Jurisprudence on Digital Rights Protection’
ABSTRACT To sustain the rule of law, everyone should enjoy efficient judicial protection of their digital rights. In this regard, the CJEU however held that ‘the right to data protection is not absolute but qualified and must be considered in relation to its function in society’. For a researcher, the right to an effective legal […]
Kish Parella, ‘The Human Rights Obligations of Corporate Directors’
ABSTRACT Corporate directors and officers substantially influence how well – or poorly – a corporation addresses human rights risks. But their involvement is often hidden or misunderstood, despite the reality that many corporate human rights abuses occur because of explicit choices made by their leadership that, on many occasions, inevitably lead to human rights violations. […]