Category Archives: Fundamental or Human Rights

Kirsty Hughes, ‘The Public Figure Doctrine and the Right to Privacy’

ABSTRACT This article argues that the public figure doctrine is doctrinally problematic and conceptually and normatively flawed. Doctrinal uncertainty surrounds who is affected and how rights are affected. Conceptually it raises challenges for universality, the non-hierarchical relationship between Articles 8 and 10 ECHR, the process of resolving rights conflicts, and the relationship between domestic law […]

‘UK Supreme Court decision in Vedanta: Finding a proper balance between Brussels I and the English common law rules of jurisdiction’

“On 10 April 2019, the UK Supreme Court passed its long awaited decision in Vedanta v Lungowe confirming that Zambian citizens, who have suffered from the environmental pollution caused by mining operations in Zambia, can pursue in England claims against Vedanta Resources Plc, an English-domiciled parent company, and Konokola Copper Mines plc, its foreign subsidiary […]

Roxana Banu, ‘From the Law of Nations to the Private Law of Mankind’

ABSTRACT This comment on ‘Interpersonal Human Rights’ by Hanoch Dagan and Avihay Dorfman develops an interdisciplinary dialogue from the perspective of private international law (also known as Conflict of Laws). Part I identifies the theoretical framework within private international law that Dagan and Dorfman’s article is likely to connect to and those it would discount […]

Bilyana Petkova, ‘Privacy as Europe’s First Amendment’

ABSTRACT The protection of universal principles varies across jurisdictions: the prominence of free speech in the United States is undisputed. My argument is that the First Amendment took off only during the New Deal and later, the Civil Rights revolution as an identity‐formation and unifying tool in a deeply divided society. The symbolic significance of […]

Case Analysis: Fearn v Trustees of the Tate Gallery [2018] EWHC 246 (Ch)

“The claim related to a public viewing platform on the 10th Floor of the Tate Modern art gallery in Central London. The gallery overlooked a modern residential development approx 35m away with striking floor to ceiling windows. As a result, visitors using the platform could see into the living areas of the flats …” (more) […]

Tito Rendas, ‘Advocate General Szpunar in Spiegel Online (or why we need fair use in the EU)’

ABSTRACT Advocate General (AG) Maciej Szpunar handed down his much-awaited Opinion in Spiegel Online, C-516/17 on 10 January 2019. The Opinion addresses a set of questions referred by the German Federal Supreme Court (BGH) on one of the most controversial provisions in the EU copyright acquis: Article 5 of Directive 2001/29 (InfoSoc Directive). The questions […]

Ioanna Tourkochoriti, ‘What Is the Best Way to Realise Rights?’

ABSTRACT What is the best way to conceptualise the relation between the common good and rights? Is it courts or legislatures that protect rights most effectively? In their well-written and well-argued book, Legislated Rights: Securing Human Rights through Legislation, Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W Miller and Francisco J Urbina try […]

Joe Atkinson, ‘Implied Terms and Human Rights in the Contract of Employment’

ABSTRACT This article considers the potential for implied terms in the contract of employment to protect employees’ human rights. The slim prospects of legislative action in this area make it important to consider common law means of protecting human rights at work. Part 2 begins by setting out the function of implied terms in the […]

‘Mirror, mirror, tell me, is the Copyright law fair and balanced? Reflection on AG’s conclusions on the Spiegel Online case (Part I)’

“On 10 January 2019, the Advocate General (AG) Szpunar delivered his opinion in the case Spiegel Online GmbH v Volker Beck (C 516/17). The case is part of a trilogy of preliminary references raised by the German courts focusing on copyright exceptions and the interaction of copyright law with fundamental rights (Pelham, C‑476/17 and Funke […]

Tim Engelhardt, ‘Who pays? On artificial agents, human rights and tort law’

ABSTRACT The decisions and actions of artificial agents increasingly shape our world, affecting the lives, and thereby, the human rights of the individuals who use these agents, but also those who may be unwittingly affected by them. The quintessential example of the malfunctioning autonomous car causing a serious accident continues to inspire debates among scholars, […]