Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...

Human rights violations are perpetrated by corporate actors with troubling frequency. In most cases, plaintiffs do not have access to remedy. For 30 years, the United States has been a beacon of hope, its courts adjudicating human rights claims against corporate defendants under the Alien Tort...

Given the urgent need to dramatically reduce greenhouse gas emissions, and concern regarding insufficient climate action and ambition across the globe, NGOs and individuals are increasingly turning to the courts to force States, public authorities, and private entities to increase their climate...

This article weighs up the arguments against justiciability of Economic Social Rights (ESRs). It emphasizes the importance of ESRs; stipulates that any argument against the legitimacy of judicial enforcement of ESRs is neither plausible nor supported by reality on ground; and seeks to cast doubt...

This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the...

The article deals with the question of whether and why corporations are human rights subjects by analysing the different approaches of regional economic courts and regional human rights courts. For some of these courts, protecting corporate human rights is the natural response to the key role...

The author focuses on the notion of positive discrimination in the jurisprudence of the European Court of Human Rights. A positive discrimination means in essence temporarily “abandoning” the equality principle, precisely in order to reestablish the equality of chances for certain...

In this paper, I propose a hybrid constructivist-rationalist theory of compliance with the judgments of the European Court of Human Rights (ECtHR) and investigate its validity both quantitatively and qualitatively, based on a comprehensive database on the compliance status of all ECtHR judgments...

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

This Insight highlights the relationships, dynamics, and cooperation that led to the African Human Rights Court's Order against Libya in the case African Commission on Human and Peoples' Rights v. Great Socialist People's Libyan Arab Jamahiriya. In particular, it emphasizes the complex...