Category Archives: Human Rights

‘Dutch court upholds dike against climate change, while Trump Administration seeks to stop climate-change “trial of the century” in Oregon’

“On Tuesday, an intermediate appellate court in the Netherlands upheld a verdict against the government demanding more state action to curb carbon emissions and combat climate change. The court’s decision in favor of energy NGO Urgenda came just one day after the dire 12-year warning of the special report of the UN Intergovernmental Panel on […]

John Eekelaar, ‘Family Law and Identity’

Abstract This article considers the role that ‘identity’ plays in family law, particularly in recent years. It develops two versions of that concept, one related to an individual’s personal characteristics (called here ‘individual identity’), the other to the individual’s identification with other individuals (‘communal identity’). The former is exemplified in the decision of the European […]

‘Historical moment in European private law: Urgenda Decision UPHELD by Dutch Court of Appeal and provided with stronger legal ammunition’

Today, another historical decision is rendered in the Dutch Urgenda case, this time by the national Court of Appeal in The Hague. For the first time ever, Articles 2 and 8 of the European Convention on Human Rights (ECHR) are interpreted to cover positive obligations related to climate change. These lead to state liability under […]

David Lewis, ‘Whistleblowing and the law of defamation: does the law strike a fair balance between the rights of whistleblowers, the media, and alleged wrongdoers?’

Abstract The Public Interest Disclosure Act only gives rights to workers and makes no mention of any connection with existing defamation provisions. However, whistleblowers and the media may have cause to fear the use alleged wrongdoers could make of the Defamation Act 2013. Having considered the human rights context, this article examines in detail whether […]

Glasson and Graham, ‘Inheritance: a human right?’

Abstract Although the Convention for the Protection of Human Rights and Fundamental Freedoms has featured in only a small number of reported cases concerning inheritance disputes, the European Convention on Human Rights (ECHR) does have a role to play and, as we discuss, has led to some striking results. In this article, we consider the […]

Gladwin-Geoghegan and Foster, ‘Police liability in negligence: immunity or incremental liability?’

Introduction The so-called immunity of the police in negligence with respect to their conduct in investigating crime has caused much legal debate, not only in terms of its impact on the development of tortious principles via the concept of public policy, but also its impact on the human rights’ claims of the victims of such […]

Case Law, Strasbourg: ML and WW v Germany, Article 8 right to be forgotten and the media

“In the case of ML and WW v Germany ([2018] ECHR 554) (available only French), the Fifth Section of the Court of Human Rights dismissed an Article 8 ‘right to be forgotten’ application in respect of the historic publication by the media of information concerning a murder conviction. The Court emphasised the protection of media […]

Michael Tugendhat, ‘Privacy, judicial activism and democracy’

Introduction Judicial activism has become a central issue in the debate on whether the Human Rights Act 1998 (HRA) should be amended or replaced by a British Bill of Rights and Responsibilities (BBRR), and whether the UK should remain a party to the European Convention on Human Rights (ECHR). And it is the decisions of […]

Jamal Greene, ‘A Private Law Court in A Public Law System’

Abstract The US Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, […]

Ekaterina Aristova, ‘Tort Litigation Against Transnational Corporations in the English Courts: The Challenge of Jurisdiction’

Abstract In recent decades, some jurisdictions have shown a growing trend of private claims alleging direct liability of parent companies for overseas human rights abuses (‘Tort Liability Claims’). These cases form part of an international effort aimed at establishing public control over the private operations of transnational corporations (‘TNCs’). Their success in addressing the challenges […]