Category Archives: Fundamental or Human Rights

‘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, […]

‘Case Preview: Stocker v Stocker

“Today, 24 January 2019, five Supreme Court judges (Lord Reed, Lord Kerr, Lady Black, Lord Briggs and Lord Kitchin) will hear Stocker v Stocker UKSC 2018/0045, an appeal against the 12 February 2018 Court of Appeal decision of Lady Justice Sharp, with whom Lord Justice McFarlane and Sir John Laws concurred ([2018] EWCA Civ 170). […]

Arbel and Mungan, ‘The Uneasy Case for Expanding Defamation Law’

ABSTRACT It is axiomatic that defamation law protects reputation. This proposition – commonsensical, pervasive, and influential – is wrong. But it is wrong in a very instructive way, and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence, defamation law, and the regulation of falsehoods across legal fields. The key […]

Burgers and Staal, ‘Climate Action as Positive Human Rights Obligation: The Appeals Judgment in Urgenda v The Netherlands

ABSTRACT On 9 October 2018, the Hague Court of Appeal confirmed the first instance judgement rendered in the world-famous Urgenda case: the Dutch State commits a tort by setting a goal for greenhouse gasses emissions reduction of only 20% by the end of 2020, compared to 1990 levels. The State is ordered to raise this […]

Google v CNIL: Advocate General agrees global “right to be forgotten” orders pose risk to freedom of expression’

“The Court of Justice of the European Union has published the Advocate General’s Opinion in Case C-507/17 Google Inc v Commission nationale de l’informatique et des libertes (CNIL). In his opinion, Advocate General Maciej Szpunar advised that de-referencing requests under the CJEU’s decision in Google Spain v Gonzales et al (the so-called ‘right to be […]

‘Article 8 and the “outside world”: privacy, reputation and employment’

“The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion. The Court of Human Rights has often noted that private life is ‘not susceptible to exhaustive definition’, embracing ‘multiple aspects of the person’s physical and social identity’. There are numerous statements in the cases […]

Alexander Boni-Saenz, ‘Age, Time, and Discrimination’

ABSTRACT Discrimination scholars have traditionally justified antidiscrimination laws by appealing to the value of equality. Egalitarian theories locate the moral wrong of discrimination in the unfavorable treatment one individual receives as compared to another. However, discrimination theory has neglected to engage seriously with the socio-legal category of age, which poses a challenge to this egalitarian […]

Máire Ní Shúilleabháin, ‘Surrogacy, System Shopping, and Article 8 of the European Convention on Human Rights’

Abstract Contracting States of the European Convention on Human Rights (ECHR) are bound to secure the rights guaranteed by the Convention. Article 8 ECHR, which guarantees the right to respect for private and family life, has been interpreted as importing extensive obligations to recognize parent–child relationships created through overseas surrogacy arrangements. These ECHR obligations (first […]

‘Greece Should not Have Applied Sharia Law in Will Contest’

“In a recent case in the European Court of Human Rights, the court found that Greece should not have allowed the two sisters a deceased Muslim man apply Sharia law to contesting the validity of their brothers will. In Molla Sali v Greece, a Grand Chamber judgment held that Greece had violated Article 14 of […]