Category Archives: Human Rights

Sarah Hamill, ‘Community, Property, and Human Rights: The Failure of Property-as-Respect’

Abstract The question of whether private property rights can be human rights is longstanding. In this article, I unpack Hanoch Dagan and Avihay Dorfman’s recent attempt to render private property rights as capable of being human rights. Their account of private property forms part of a larger project to re-read private law and argues that […]

Dagan and Dorfman, ‘Interpersonal Human Rights’

Abstract: Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns about the commission of grave transnational wrongs. Two main legal strategies – belonging, respectively, to public and private international law – offer important directions for addressing these urgent concerns. One strategy extends state obligations under human rights law to […]

Katalin Sulyok, ‘Managing Uncertain Causation in Toxic Exposure Cases: Lessons for the European Court of Human Rights from US Toxic Tort Litigation’

Abstract: Under Articles 2 (right to life) and Article 8 (right to private life) of the European Convention on Human Rights, the European Court of Human Rights (Strasbourg Court) decides cases involving personal health injuries allegedly caused by toxic exposures. Thus far no one has conducted a systematic inquiry on how the Strasbourg Court deals […]

José Alvarez, ‘The Human Right to Property’

Abstract: How does the human right of property relate to protecting human rights in the age of Trump? Human rights advocates faithful to Henkin’s vision need to combat the dangerous consensus between elements on the political left and right that international law (including arbitration bodies outside US courts) has no business protecting the right to […]

‘Strasbourg on excessive libel damages’

Independent Newspapers (Ireland) Ltd v Ireland ECtHR, 5th section, 15 June 2017. The Strasbourg Court has decided that an award of damages in an Irish libel case was disproportionate – but, as I shall explain – it has not told us what a proportionate award would have been. This odd position was reached in an […]

‘Compensation Following Fatal Stabbing: Human Rights And The CICA: “Double Recovery” Not Allowed’

“The decision of the Upper Tribunal in VG v CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil […]

Tommy Chen, ‘PJS and the tort of misuse of private information’

Introduction: “Traditionally, English common law has not recognized a tort of invasion of privacy. Instead, English courts have developed (in a line of cases including Campbell v MGN and Douglas v Hello! (No 3)) a tort of misuse of private information, which is often described as protecting ‘an aspect of privacy’. The impetus for this […]

Dagan and Dorfman, ‘Interpersonal Human Rights and Transnational Private Law’

Abstract: Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns of grave transnational wrongs. But both the conventional way of analyzing these encounters through choice of law (or conflict of laws) rules and the emerging strategies to address the inadequacies of these rules — through either devising exceptional means […]

‘Crossing Boundaries? Public Duties and Private Law’: Workshop, Leicester Law School, 21 October 2016

The aim of the workshop is to bring together private lawyers and human/constitutional rights lawyers from the UK and South Africa to reflect on the different ways in which these two jurisdictions have dealt with the relationship between tort law and human/constitutional rights law. The morning session will be focused on duties, reflecting especially on […]

Call for Papers: Intermediary Liability as a Human Rights Issue (Journal of Intellectual Property, Information Technology and Electronic Commerce Law)

“Intermediaries are backbones of Internet economy. Increasingly, they are also becoming unavoidable gatekeepers to our fundamental rights as citizens. They shape our opinions, but also amplify power of our words; they provide platforms for our creativity, but also limit its forms. Given their crucial position of control, they are increasingly called upon to assist the […]