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,...

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 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...