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Supervision of Derogations in the Wake of COVID-19: a litmus test for the Secretary General of the Council of Europe

The pandemic COVID-19 has triggered a record number of derogations from the European Convention on Human Rights (the ‘ECHR’ or the ‘Convention’). By now, Albania, Armenia, Estonia, Georgia,…

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Corporate civil liability for breaches of customary international law: Supreme Court of Canada opens door to common law claims in Nevsun v Araya

In a landmark judgment for transnational human rights litigation, the Supreme Court of Canada in Nevsun Resources Ltd v Araya, 2020 SCC 5 has opened the door…

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Calibrating Human Rights and Necessity in a Global Public Health Emergency: Revive the UN OHCHR’s ICESCR Compliance Criteria

COVID-19 has reached every continent, every region, and almost all countries in the world. Most of us are either in quarantine, sheltering in place, i…

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Part III: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

  In Parts I and II of this blog post, we presented some of the most relevant international obligations to prevent and halt the…

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Part II: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

In Part I of this post, we discussed the extent to which the no-harm principle and the rights to life and health require States to prevent and…

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Part I: Due Diligence and COVID-19: States’ Duties to Prevent and Halt the Coronavirus Outbreak

This is a 3-Part post on the international legal framework relevant to the prevention of, response to and mitigation of the global public health crisis engendered by…

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Kalma v African Minerals: English Court of Appeal Judgment Cuts Against the Grain of Common Law Cases on the Responsibility of Businesses for Overseas Human Rights Impacts

Over the last three years, the English courts have demonstrated an increasing willingness to accept jurisdiction over tort claims brought against UK multinationals in relation to human rights…

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Do the containment measures taken by Italy in relation to COVID-19 comply with human rights law?

Italians, like the citizens of other democratic countries in times of peace, have learned to take for granted certain civil liberties and freedoms, such as the freedom of…

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Climate Change as a Trigger of Non-Refoulement Obligations Under International Human Rights Law

  The recently published decision of the UN Human Rights Committee (HRC) pursuant to Individual Communication No. 2728/2016 (Teitiota v New Zealand) offers an insight into how…

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The European Court of Human Rights and Workplace Surveillance: Where is Article 31(3)(c) VCLT?

  Although one may be familiar with criticisms of the EU’s self-contained approach to its own legal system, this case of fragmentation is not limited to the EU…

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