Category Archives: Fundamental or Human Rights

Sylvia Lu, ‘Data Privacy, Human Rights, and Algorithmic Opacity’

ABSTRACT Decades ago, it was difficult to imagine a reality in which artificial intelligence (AI) could penetrate every corner of our lives to monitor our innermost selves for commercial interests. Within a few decades, the private sector has seen a wild proliferation of AI systems, many of which are more powerful and penetrating than anticipated. […]

‘Between Filters and Fundamental Rights: How the Court of Justice saved Article 17 in C-401/19 – Poland v Parliament and Council

“On 26 April 2022, the Court of Justice of the EU (CJEU or Court) delivered its much awaited judgement in Case C-401/19 – Poland v Parliament and Council. The case focuses on the validity of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in light of fundamental rights. The judgment marks […]

Orla Kelleher, ‘The Role of Judges in Systemic Climate Litigation: A Comparative Analysis of Ireland and the Netherlands’

ABSTRACT This paper addresses the question of what role the judiciary should play in reviewing the adequacy of a state’s climate mitigation policies from a constitutional and human rights perspective. Kelleher, Orla, The Role of Judges in Systemic Climate Litigation: A Comparative Analysis of Ireland and the Netherlands (2021). (2021) 16(2) Journal of Comparative Law […]

Lauren Scholz, ‘Private Rights of Action in Privacy Law’

ABSTRACT Many privacy advocates assume that the key to providing individuals with more privacy protection is strengthening the government’s power to directly sanction actors that hurt the privacy interests of citizens. This Article contests the conventional wisdom, arguing that private rights of action are essential for privacy regulation. First, I show how private rights of […]

‘Conflict of Laws of Freedom of Speech on Elon Musk’s Twitter’

“Elon Musk’s purchase of Twitter has been a divisive event. Commenting on the response on Twitter and elsewhere, Musk tweeted: ‘The extreme antibody reaction from those who fear free speech says it all. By “free speech”, I simply mean that which matches the law. I am against censorship that goes far beyond the law. If […]

Saw and Yoong, ‘Whither Privacy Protection in the Law of Nuisance’

ABSTRACT Privacy-related concerns often feature in disputes involving the tort of private nuisance. Despite the growing importance ascribed to the protection of an individual’s privacy in the modern world, English law has tended to shy away from allowing such concerns to influence the thinking behind the more traditional areas of law (like nuisance). This article […]

‘A Q&A on the European Commission’s Proposed Corporate Sustainability Due Diligence Directive’

“In February 2022, the European Commission released its long-awaited proposed Directive on Corporate Sustainability Due Diligence, the core of which would require mandatory human rights and environmental due diligence. In this blog we provide an overview of certain aspects of the proposed Directive. This blog is excerpted from a substantially more-detailed summary of the Directive […]

Benoit Mayer, ‘The Duty of Care of Fossil-Fuel Producers for Climate Change Mitigation: Milieudefensie v Royal Dutch Shell, District Court of The Hague (The Netherlands)’

ABSTRACT On 26 May 2021, the District Court of The Hague (The Netherlands) passed an innovative judgment in Milieudefensie v Royal Dutch Shell. The Court interpreted Shell’s duty of care towards the inhabitants of the Netherlands as requiring it to mitigate climate change by reducing the carbon dioxide emissions resulting from its global operations by […]

Vandenbergh and Moore, ‘Governance by Contract: The Growth of Environmental Supply Chain Contracting’

ABSTRACT Corporate net zero climate commitments and environmental, social and governance (ESG) policies have the potential to bypass barriers to international, national, and subnational government action on climate change and other environmental issues. But these ESG developments also raise concerns about greenwashing. This Article evaluates a particularly pernicious form of greenwashing, which could occur if […]

‘The Proposal for a Corporate Sustainability Due Diligence Directive: The view of the Board and Non-executive Director’

“Since the beginning of this century, also as a consequence of the 2007-2009 financial crisis, corporate governance has focused on topics of internal corporate governance such as composition of boards, qualification of board members, independence, diversity and remuneration. But there was a massive loss of trust in companies, their managers and directors (including NEDs), which […]