This paper analyses the forgotten right to continuous improvement of living conditions in ICESCR Art 11(1), drawing on: the travaux préparatoires; the broader context of Twentieth Century international law; and the work of the Committee on Economic, Social and Cultural Rights. It argues that we...

This chapter is focused on the challenges and implications of Articles 20(1), 21, 22, 24, and 44 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP; the Declaration). These provisions are centered on: the economic, social, and cultural (ESC) rights of indigenous...

The struggle for access to and control over a space in which to live has made housing a central issue for the city of Mumbai. The city’s history is one in which human rights and, in particular, the right to housing have played an important role. This article examines the Indian Supreme...

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,...

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...

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...