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The legal context may not be the only context in which human rights are applied, but it certainly is an important one. With a view to assessing human rights in the context both of the courtroom and of legal scholarship, this paper sets out some of the basics of law and legal method
Persistent link: https://www.econbiz.de/10012945195
This article suggests that a re-evaluation of the principle of subsidiarity is in order. While I make no sweeping claims that the principle of subsidiarity is always preferable or always undesirable, I do suggest that a close look at the myriad ways in which subsidiarity applies reveals that it...
Persistent link: https://www.econbiz.de/10012906251
This article examines the decision of the Grand Chamber of the Court of Justice of the European Union (ECJ) in Berlioz Investment Fund SA (Case C-682/15) delivered on 16 May 2017, following the Opinion of Advocate General Wathelet of 10 January 2017.The case concerned the levying of tax...
Persistent link: https://www.econbiz.de/10014031791
This article examines the treatment in the EU of trade secrets, which are not recognized in many EU Member States as intellectual property. The authors analyze the EU’s obligations under international treaties (notably TRIPS) and under European law (notably the EU Charter of Fundamental Rights...
Persistent link: https://www.econbiz.de/10014165480
The paper compares the case law on the right to life of the European Court of Human Rights and the Human Rights Committee. It is argued that the main interpretative method that both the Committee and the Court use is the principle of effective protection of the right to life in practice. The...
Persistent link: https://www.econbiz.de/10014053943
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...
Persistent link: https://www.econbiz.de/10013298338
This article illustrates how the European Court of Human Rights (ECtHR) reversed its jurisprudence on adoption by single homosexual individuals, and describes the consequences of this decision within the French legal system
Persistent link: https://www.econbiz.de/10013221007
Persistent link: https://www.econbiz.de/10011977127
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