Category Archives: Fundamental or Human Rights

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 […]

Coe and Brown, ‘What’s in a Name? The Case for Protecting the Reputation of Businesses under Article 1 Protocol 1 of the European Convention on Human Rights’

ABSTRACT This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting […]

David Snyder, ‘The New Social Contracts in International Supply Chains’

ABSTRACT This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully […]

Kharytonov and Kharytonova, ‘Human Rights, Civil Society, Private Law: Correlation Problems’

ABSTRACT The category of ‘human rights and freedoms’, the problems of protection and protection of such rights have repeatedly been the subject of research, but the question of their correlation with concepts such as ‘civil society’, ‘private law’ has not been studied yet. This circumstance determines the expediency of a special study of this issue. […]

Hugh Collins, ‘Justice at Work’

ABSTRACT Theories of justice suitable for ordinary market transactions are not appropriate in the special context of work, because they must confront the challenges of the subordination of employees and the risk of commodification of workers by treating them like things or machines. It is argued that the legal protection of fundamental or human rights […]

‘I’m a Celebrity, but don’t get my private information out of here!’

“The Human Rights Act 1998. A perennial bugbear for the tabloid press, it is frequently depicted as the evil embodiment of the health and safety and ‘snowflake’ culture. It is also the prime symbol of unwanted interference by the EU in this country’s affairs. Why such hostility? Principally because it is this Act which incorporates […]

‘Civil justice and the new government’

“By any measure the outcome of yesterday’s election was a significant point in the UK’s politics. The returning of the Conservative government with a chunky majority means, first and foremost, that the UK will leave the EU in a little over six weeks, on 31 January 2020. In advance of a new Queen’s Speech, likely […]

Montagnani and Trapova, ‘Copyright and Human Rights in the Ballroom: A Minuet between the US and the EU’

ABSTRACT Similar to the graceful forward, backward and sideways movements in a minuet, after a slow start, the dynamics between IP and human rights have intensified to the extent that human rights law is seen as IP’s new frontier. When balancing various interests at stake in both the US and the EU, copyright law engages […]

Christophe Geiger, ‘Reconceptualizing the Constitutional Dimension of Intellectual Property – An Update’

ABSTRACT This paper is an updated version of the chapter entitled ‘Reconceptualizing the Constitutional Dimension of Intellectual Property’ which appeared in the previous edition (3rd) of the volume edited by Paul Torremans entitled Intellectual Property and Human Rights. It draws on previous research published by the author on the ongoing ‘constitutionalization’ of intellectual property rights […]

Achas Burin, ‘The positive duty of prevention in the common law and the Convention’

ABSTRACT Twenty years after the Human Rights Act 1998 came into force, where are we in our understanding of the relationship between tort and human rights? This paper argues that we are not as far along in our understanding as we could be. The reason for that has been the methodology we used to understand […]