It has long been recognized that patent rights are in tension with human rights. The Universal Declaration of Human Right posits that scientific creators are entitled to the protection of the interests resulting from their scientific production. At the same time, it recognizes the right of...

The article reviews trends in international non-binding standards:1) the equalisation of indigenous peoples and local communities as rights-holders;2) the strength and weakness of the safeguards approach in the context of redd+;3) the wide definition of who constitutes stakeholders; and 4) the...

The increasing use of digital technologies by governments and companies raises numerous questions regarding the regulation of these technologies, particularly regarding the rights and legal protections citizens are entitled to. The focus is mostly on the application and potential modification of...

Smart cities are rarely built smart from scratch. For most cities, “smart city” signifies the presence of several smart city projects that emerge over time from various actors. These projects rely on extensive data and algorithms whose use in urban spaces and/or decision-making processes can...

Democracy is based on respect for human rights. It is the duty of the State to uphold and advance human rights in a democratic society. All State institutions, including the police department, RAB, the army, the court, and the civil administration, have a responsibility to respect human rights,...

This is the tenth in a series of sixteen papers about the U.S extraterritorial tax system.The U.S. extraterritorial tax system violates multiple provisions of international human rights instruments that have been signed, or signed and ratified, by the United States. The rights in question...

This paper examines the intersections of fundamental rights and European banking supervision. It contributes to a more nuanced and refined understanding of the importance of European Union (EU) fundamental rights for supervised banks in the absence of an EU-wide administrative code. Since 2014...

In an increasingly unstable world, the predicament of refugees and asylum seekers largely remains a demanding global challenge. As persons flee wars, persecution, and conflict in their countries of origin, the principle of non-refoulement chips in to guarantee respect and protection of their...

On February 24, 2022, Russian forces invaded Ukraine. Since then, violence has been used by Vladimir Putin’s Russian army to take control of much of Ukraine. As observed by multiple political analysts, economists, and world leaders, Russia’s invasion of Ukraine is an extremely significant...

Banking supervisors worldwide recognise the pressing need to harness frontier technologies such as artificial intelligence (AI), particularly machine learning (ML), to enhance their efficiency and analytical capabilities. The European Central Bank (ECB) has similarly acknowledged the...

The destruction of murals burdens artists around the world. Many times, the only option they can rely on is the prohibition of any distortion, mutilation or modification of work under art. 6bis of the Berne Convention, because multiple legal orders are silent on the prohibition of destruction....

Bangladesh is a very densely populated country in southern Asia. It has a small country but its population is about 160 million. But the half of the population of Bangladesh are under the age of 18 and are considered children. There are 20 million of them are under the age of 5 and about 73% of...

In Anuradha Bhasin v. Union of India, the Supreme Court was called upon to review the constitutionality of the communication shutdown imposed in Jammu & Kashmir in August 2019. The Court’s decision endorsed human rights principles of necessity and proportionality and recognized a derivative...

We document the growth of the NAACP’s local branches from just after its inception to the middle of the 20th century using digitized records from the organization’s archives. We identify some key correlates of county-level activity, concentrating specifically on the explosive growth in...

Human rights emerged at the international level as an indivisible concept. However, in spite of repeated declarations of the equal importance of both groups of human rights, much less attention had been paid to the development of enforcement mechanisms for economic, social and cultural (ESC)...

Advanced technology is now within reach of everyone, due to which the number of online crimes is increasing day by day. The protection of personal information is very important because it is used for terrorist activities. Eavesdropping on the phone is a big crime all over the world. Under...

In the internal market within which the principle of mutual recognition originated, there was no need for a grand principle of mutual trust to counterbalance the potentially far-reaching consequences of mutual recognition.The creation of the Area of Freedom, Security and Justice (AFSJ) led to a...

This chapter analyzes the limitations that can be imposed on the exercise of freedom of assembly when the burden on third parties also restricts a fundamental economic freedom. This analysis will be put in the wider context of fundamental rights in economic integration processes, but focused on...

Latin America is a fertile ground for exploring issues of trade and human rights, but relatively little seems to be written about human rights in economic integration processes across Latin America. This article is an attempt at remedying this. It is an exploratory piece that highlights some of...

In this chapter I look at how human rights are addressed within MERCOSUR. The topic has deserved attention both from a political and legal perspective, but fairly little literature exists on the topic. At the political level, the instability of some governments in the bloc has threatened the...

This Paper was presented at the 2022 OSCE Human Dimensions Conference in Warsaw. It documents the human rights violations, crimes against humanity, and war crimes committed against the civilian population in portions of Ukraine occupied by Russian forces. In particular, this paper provides...

Code of Civil Procedure is 1908 Act - which continues to rule the legal and judicial minds - hence clouds the adjudications of matters under Special Statutes, where the applicability of Code of Civil Procedure is specifically barred. The Special Statutes specifically assert that the Principles...

There has been a recent resurgence in scholarly work concerned with the economics of human rights. This article builds on this work to develop a conceptual framework of human rights and political economy. It provides a theoretical basis for the turn to human rights and economics, rooted in the...

Human rights concerns are hardly integrated in investment decisions. That is a missed opportunity given investors’ crucial role in putting pressure on corporations to produce better information on adverse human rights impacts and addressing these impacts. This article investigates why human...

The former administration of Donald J. Trump shattered norms governing the responsibility to relay accurate, truthful information to the public. Whether regarding trivialities or vital issues of the day, the “Trump Doctrine” unleashed a global torrent of damaging misinformation and...

Civil rights advocates have long viewed litigation as a vital path to social change. In many ways, it is. But in key respects that remain under-explored in legal scholarship, even successful litigation can hinder remedial projects. This perverse effect stems from civil rights doctrines that...

Education has long stood at the epicenter of the battle for civil rights. More than half a century after the U.S. Supreme Court declared racially segregated schools unlawful in Brown v. Board of Education, educational opportunity and achievement gaps based on race, national origin, class, and...

Are human rights to be found in living instruments and practices that adapt to changing circumstances, or must they be interpreted according to their original meaning? That question, so heavily debated in the context of the rights of the U.S. Constitution, was never seriously on the table until...

Individualism is associated with an emphasis on personal liberty and self-determination, values that reduce support for patriarchal values and increase gender equality. Here, we investigate whether individualism affects women’s economics rights, a key institutional determinant of the economic...

Much political conflict in the world revolves around the issue of how much freedom to accord people. Liberal democracies are characterized by, e.g., the rule of law and a strong protection of civil rights, giving individuals a great deal of legally guaranteed freedom to lead their lives as they...

We live in a datafied society in which a vast network of public and private entities collect and combine our personal data. Algorithms sort these data troves and generate digital profiles that serve as gatekeepers to life’s necessities such as jobs, housing, health care, and education. Several...

Basic income has been a prominent policy proposal from a range of quarters in the context of uncertainty over the future of work and the problem of growing economic inequality. More recently it is being considered in some countries as a possible response to the economic fallout of the COVID-19...

This paper examines how the courts in three developing countries (Kenya, South Africa, and India) have addressed the tension between patent rights on pharmaceutical products and the right to health. The paper begins by examining the nature of the relationship between patent rights and the right...

Purpose The CoViD-19 pandemic has brought about a panoply of institutional challenges both domestically and in the international arena. Classical constitutional theory thereby underwent a reinvention by the executive for the sake of speedy policy action and to the detriment of institutional...

Between 1940 and 1970, more than 4 million African Americans moved from the South to the North of the United States, during the Second Great Migration. This same period witnessed the struggle and eventual success of the civil rights movement in ending institutionalized racial discrimination....

Between 1940 and 1970 more than 4 million African Americans moved from the South to the North of the United States, during the Second Great Migration. This same period witnessed the struggle and eventual success of the civil rights movement in ending institutionalized racial discrimination. This...

Marital rape and intimate partner violence are controversial issues all over the world either because they are recognised as criminal acts and strongly condemned, or because they are silenced as something that belongs to the private sphere and should not be the object of public scrutiny. In...