Category Archives: Fundamental or Human Rights

Rehan Abeyratne, ‘Ordinary Wrongs as Constitutional Rights: The Public Law Model of Torts in South Asia’

ABSTRACT … While private tort law has remained stillborn in South Asia, constitutional law in the region has blossomed. In the 1980s and 90s, the Indian Supreme Court vastly expanded its constitutional jurisdiction through a series of procedural innovations known as Public Interest Litigation (PIL), which has been emulated across the region. This article examines […]

Rebecca Zietlow, ‘Slavery, Liberty and the Right to Contract’

ABSTRACT This article explores what the right to contract meant to slaves, free blacks and northern workers before and after the Civil War, to uncover the lost history of liberty of contract under the Thirteenth Amendment. By abolishing slavery and involuntary servitude, the Thirteenth Amendment transformed United States labor law and expanded rights for all […]

Jelena Gligorijević, ‘Privacy at the intersection of public law and private law’

INTRODUCTION The exact nature and desirability of any intersection between private law and public law can generate much debate. In view of the developments in English human rights jurisprudence, the distinction between private law and public law in England is sometimes seen as less definite than in other common law jurisdictions. That does not, however, […]

Michael Connolly, ‘Lee v Ashers Baking and its Ramifications for Employment Law’

INTRODUCTION … This highly publicised case on a bakery’s refusal to supply a cake iced with the words ‘Support Gay Marriage’ concerned discrimination on the grounds of political opinion and sexual orientation, and with it the bakery’s rights to free expression and religion. The case arose in the provision of goods, facilities and services (‘services’), […]

Peter Yu, ‘Intellectual Property and Human Rights 2.0’

ABSTRACT Written in celebration of the seventieth anniversary of the Universal Declaration of Human Rights, this article calls for greater methodological engagement to refine existing human rights approaches to intellectual property and to devise new approaches to advance the promotion and protection of human rights in the intellectual property area. This article begins by briefly […]

Just Published: Protecting Personal Information: The Right to Privacy Reconsidered by Andrea Monti and Raymond Wacks

The concept of privacy has long been confused and incoherent. The right to privacy has been applied promiscuously to an alarmingly wide-ranging assortment of issues including free speech, political consent, abortion, contraception, sexual preference, noise, discrimination, and pornography. The conventional definition of privacy, and attempts to evolve a ‘privacy-as-a-fence’ approach, are unable to deal effectively […]

Mattei, Albanese and Fisher, ‘Commons as possessions: The path to protection of the commons in the ECHR system’

ABSTRACT The ‘commons’ is not mentioned in the texts of the European Convention on Human Rights (ECHR) or Article 1 of Protocol No 1 (P‐1). This essay argues that ‘possessions’ – which does appear in the latter – should be interpreted by the European Court of Human Rights (ECtHR) to protect commons against national governments’ […]

‘The Implications of the UK Supreme Court’s Decision in Vedanta for the Management of Human Rights Risk in Overseas Operations and Supply Chains’

“Since the US Supreme Court effectively closed the door to foreign, human rights related claims against businesses under the Alien Tort Statute, courts in the UK, Canada and beyond have seen an increase in claims against multinational companies based on the common law of negligence for the acts or omissions of subsidiaries. The UK Supreme […]

Parchomovsky and Stein, ‘Autonomy’

ABSTRACT Personal autonomy is a constitutive element of all rights. It confers upon a rightholder the power to decide whether, and under what circumstances, to exercise her right. Every right infringement thus invariably involves a violation of its holder’s autonomy. The autonomy violation consists of the deprivation of a rightholder of a choice that was […]

Burke and Molitorisova, ‘What Does It Matter Who is Browsing? ISP Liability and the Right to Anonymity’

ABSTRACT Disputes concatenating privacy, speech and security through the right to anonymity are particularly hard cases to adjudicate. The traditional paradigm, according to which anonymity plays a double role – protecting fundamental rights, as well as potentially threatening them – continues to drive policies that, in turn, emphasise the risks and downplay the opportunities of […]