Category Archives: Fundamental or Human Rights

‘Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims’

“On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including […]

Vladislava Stoyanova, ‘Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights’

ABSTRACT The European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to […]

‘A New Interesting Book on PIL Aspects of Corporate Social Responsibility’

“A book edited by Catherine Kessedjian and Humberto Cantú Rivera and titled Private International Law Aspects of Corporate Social Responsibility has just been released electronically and in hard copy. As said in the abstract of the book, ‘This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) […]

Veronika Fikfak, ‘Non-pecuniary damages before the European Court of Human Rights: Forget the victim; it’s all about the state’

ABSTRACT This article studies how the European Court of Human Rights (ECtHR, the Court) adjusts damages for human rights violations. The article empirically analyses 13 years of ECtHR’s case law in relation to Articles 2 (right to life), 3 (torture, inhuman and degrading treatment), and 5 (arbitrary detention) of the European Convention on Human Rights […]

‘Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya

“In a landmark judgment for transnational human rights litigation, the Supreme Court of Canada in Nevsun Resources Ltd v Araya, 2020 SCC 5 has opened the door for litigants seeking redress for human rights violations in Canadian courts. Significantly, the Supreme Court held that customary international law can give rise to a direct claim in […]

Special number of the German Law Journal on ‘Right to be forgotten: BVerfG judgment’

Backlash against the Court of Justice of the EU? The Recent Jurisprudence of the German Constitutional Court on EU Fundamental Rights as a Standard of Review (Dana Burchardt) The Constitutional Status of Karlsruhe’s Novel ‘Jurisdiction’ in EU Fundamental Rights Matters: Self-inflicted Institutional Vulnerabilities (Karsten Schneider) The Federal Constitutional Court Rules for a Bright Future of […]

Heleen Janssen, ‘An approach for a fundamental rights impact assessment to automated decision-making’

ABSTRACT Companies expect great and promising benefits from automated decision-making with personal data; however, scientific research indicates that legal uncertainty exists among private controllers with the interpretation of provisions relevant to automated decision-making under the General Data Protection Regulation (GDPR). Article 35 GDPR obliges private controllers to execute a Data Protection Impact Assessment (DPIA) prior […]

Jennifer Martin, ‘Private Law Remedies, Human Rights and Supply Contracts’

ABSTRACT Implementation of company human rights policies through the supply chain necessarily includes access to the full range of contractual remedies. Many corporations already have corporate human rights policies respecting a wide number of human rights that might be violated in the supply chain, yet having corporate policy is not akin to action. To the […]

Bo Zhao, ‘Data Protection as a Fundamental Right: The European General Data Protection Regulation and Its Extraterritorial Application in China’

ABSTRACT The right to data protection is a fundamental right recognized by the EU Charter of Fundamental Rights (Art 8) and constitutional law of most Member States, as well as ECJ case law. As a leading legislation, the European General Data Protection Regulation (GDPR) concretizes and materializes the right by means of granting a constellation […]

‘“Private” Breaches of International Law: Lessons from Domestic Courts for International Investment Law’

“The Canadian Supreme Court’s decision in Nevsun Resources v Araya has shone new light on the debate around the horizontal application of international law, particularly international human rights norms. With a 5-4 majority, the court held that Nevsun, a Vancouver-based mining company, could be held directly liable for breaches of customary international law norms against […]