Notwithstanding the indivisibility, interdependence and interrelatedness of human rights that have been embraced by the African Charter from its inception, the justiciability and normative clarity of its socio-economic guarantees show a sharp contrast to their traditional civil and political...

This chapter discusses the evolution in jurisprudential understanding of the relationship between copyright and freedom of artistic expression in the European Union. It demonstrates how courts in France and several other EU member states have accepted a “fair use” approach that applies...

This chapter of the Oxford Handbook of Online Intermediary Liability sets the stage for considering the tension between intermediary liability and fundamental rights with special emphasis on the European legal framework. Competing fundamental rights, such as freedom of expression, privacy,...

It is widely acknowledged that rights and freedoms guaranteed in the African Charter on Human and Peoples’ Rights (‘Charter’) are justiciable. However, any complaints about violations of Charter’s guarantees are admissible before the African Commission on Human and Peoples’ Rights only...

According to EU and international trade mark law, signs that are contrary to public policy or to accepted principles of morality may be denied registration. Public policy and morality are open legal concepts that provide a typical entrance door for fundamental rights, allowing the taking into...

The degree of justiciability (as well as enforcement) of the socio-economic rights of the African Charter have always played second fiddle to that of the traditional civil and political rights. Over two decades after the coming into force of the Charter, the African Commission has received...