Category Archives: Fundamental or Human Rights
Lewis Graham, ‘Interpreting the Interpretive Obligation: Empirical Insights into the Use of Section 3 of the Human Rights Act 1998’
ABSTRACT Section 3 of the Human Rights Act provides courts with a distinctive, and controversial, power to (re)interpret legislative provisions, where ‘possible’, in a manner which is compatible with the rights under the European Convention on Human Rights. However, much of the commentary on this provision relies disproportionately on a small handful of early landmark […]
Brian Potts, ‘A Simple Case for Slavery Reparations: Title to Slavery’s Fruits Did Not Pass’
INTRODUCTION America should pay reparations for slavery. The debt is long overdue. Reparations were ripe in 1619 when pirates dragged enslaved Africans ashore at Jamestown. Instead of liberating their fellow children of God, pilgrims ‘bought’ these Africans and held them in bondage. The debt for their labor was long overdue by 1625 when enslaved Africans […]
Bailey Barnes, ‘Tort Reform and the Takings Clause’
ABSTRACT The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. […]
Kramer, Ucin and Dori, ‘Challenges to access to civil justice in Europe’
ABSTRACT The right of access to justice, as guaranteed by human right conventions, has evolved under the influence of the changing role of the state. This chapter examines recent trends and assesses how access to justice plays out in EU policy and legislation in the area of civil justice. After delving into policy considerations it […]
Ekaterina Aristova, ‘Strategic Business and Human Rights Litigation: It Is a Marathon, not a Sprint’
ABSTRACT Strategic litigation has emerged as a prominent tool in the business and human rights (BHR) field, offering a pathway to promote corporate accountability, test innovative legal arguments and push for systemic change. While often framed as private tort actions, such litigation frequently aims to shape broader norms beyond individual remedies. This article explores how […]
Nadia Napieraj, ‘Ensuring compliance with the UN guiding principles through contract: can AI help?’
ABSTRACT Every business has a social responsibility to respect human rights, upheld by the United Nations Guiding Principles on Business and Human Rights and the associated ‘Protect, Respect and Remedy’ Framework. In response to this, human rights compliance clauses (‘HRCCs’) in international supply contracts are on the rise. In particular, they have been adopted by […]
Mukarrum Ahmed, ‘The Evolution of Business and Human Rights Litigation against Multinational Companies’
ABSTRACT This article will examine the evolution of business and human rights litigation against UK based multinational companies (MNCs) commenced by the victims of their alleged wrongdoing abroad in wake of the UK Supreme Court’s decisions in Vedanta v Lungowe and Okpabi v Shell. It will be argued that a methodologically pluralist private international law’s […]
‘European AI FOMO: The European Commission Sacrifices the Digital Acquis at the Altar of AI Hype’
The last 12 months have seen an extraordinary shift in the European Commission’s approach to digital regulation. Faced with intense geopolitical uncertainty and concerns about EU competitiveness and security, we are seeing a shift away from the espoused ‘Brussels Effect’, with the EU placing itself as a global rule setter and emphasising fundamental rights at […]
Karel Brychta, ‘Between transparency and protection of privacy: the impact of CJEU jurisprudence on the regulation of beneficial ownership register’
ABSTRACT This article examines the profound impact of the landmark judgment of the Court of Justice of the European Union (CJEU) in WM and Sovim SA v Luxembourg Business Registers on the regulation and enforcement of Beneficial Ownership Registers in the Czech Republic. The judgment, by invalidating the provision for unrestricted public access, fundamentally shifted […]
Christian Ross, ‘Fair and Balanced: Why We Need a Federal Anti-SLAPP Law for Good-Faith Journalism’
ABSTRACT Strategic lawsuits against public participation (SLAPPs) pose a serious threat to free expression, often targeting journalists and media outlets to intimidate or silence critical reporting. Many states have adopted anti-SLAPP statutes that provide procedural protections for speech to deter meritless, speech-chilling suits. But not all states have such laws, resulting in a patchwork of […]