Category Archives: Fundamental or Human Rights
Rockett, Fenwick and Jurcys, ‘Fashion 4.0 and emerging designers: leveraging data and AI to drive creativity, innovation and compliance in global supply chain regulation’
ABSTRACT This paper presents three interrelated arguments concerning the fashion industry and regulation. First, we propose that Bertola’s and Teunissen’s concept of Fashion 4.0 offers a powerful framework for understanding the organization of global fashion today. This model emphasizes the dynamic, decentralized and technology-driven character of the ‘smart factories’, ‘smart networks’ and ‘smart products’ that […]
Farrington and Poesen, ‘Applicable Law In Claims For Damage Arising Out Of Unsafe Working Conditions: The Case of Begum v Maran’
ABSTRACT This article explores the issue of applicable law in cross-border negligence claims for damage arising out of unsafe working conditions. While there are special rules relating to environmental damage, no such equivalent exists for damage arising out of unsafe working conditions. Yet, such cases represent a significant subset of business and human rights claims. […]
David Capper, ‘Remedies For Mass Harms In The Global Supply Chain’
ABSTRACT Mass harm cases require an extremely high level of case management. Along with this they are extremely costly, both on an ongoing basis and in terms of the costs that would be payable to a successful defendant if the litigation fails to establish liability. This paper examines the procedural mechanisms and the funding sources […]
Juan Amaya-Castro, ‘Law and Social Traceability: Global Value Chains with a Human Face?’
ABSTRACT This paper proposes that contemporary efforts to govern Global Value Chains (GVCs), to reduce the various negative externalities that they generate, focus on the construction of a legal infrastructure that has traceability as its central function. Traceability refers to the ability to track the history, application, and location of a product or process throughout […]
Esser and Riley, ‘Corporate Liability Within Groups: Human Rights and Tort Law Perspectives’
ABSTRACT In this paper, we examine the regulatory issues that arise in protecting the interests of ‘outsiders’ from misbehaviour by corporate groups. We focus on two areas of substantive regulation, the application of human rights norms to groups, and subsequently the application of tort law (delict) in this context. In each section, we seek to […]
Giulia Gentile, ‘The (In)Effectiveness of EU Data Protection: A Rejoinder’
ABSTRACT The emergence of a highly privatised digital environment driven by data has triggered a regulatory response in the EU built on public law tools, such as fundamental rights. The EU fundamental right to data protection has had a central role in scrutinising the conducts of tech companies in the EU and beyond. The application […]
Gleckel and Nisbet, ‘Free Speech Versus Property: When Deception Can (And Can’t) Give Rise to Trespass’
ABSTRACT If a person intentionally enters private property without consent, this entry amounts to the world’s most basic tort: trespass. If the person has the landowner’s consent to enter, there is no trespass. Simple enough. But what if the person obtains consent through deception? Does the deception vitiate consent, turning the entry into a trespass? […]
Bueno and Ngueuleu Djeuga, ‘Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?’
ABSTRACT How will international investment agreements look like now that the EU Corporate Sustainability Due Diligence Directive (csddd) has entered into force? The CSDDD requires companies to respect human rights and the environment in their global value chains. Besides its public enforcement mechanism, a central element of the csddd is its civil liability provision according […]
Zuzanna Nowicka, ‘SLAPP vs Mutual Trust: Protecting the Public Debate Through Public Policy Considerations’
ABSTRACT This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The […]
Kerry Sun, ‘Trespass, Campus Encampments, and the Charter’
ABSTRACT This article comments on the Ontario Superior Court’s decision granting an injunction to evict a pro-Palestinian encampment from the University of Toronto campus. Prior to the ruling, some commentators attempted to interpose the Charter into the encampment disputes, contending that it applied to universities and suggesting it would alter the outcome of a trespass […]