Human rights were reaffirmed and internationalised after the world conflicts which marked H the 20th century and provide both the foundation of democracy and a bulwark against its excesses. The universal affirmation of these rights in the 1948 Universal Declaration and their subsequent embodiment in national constitutions marks the beginning of a spectacular evolution rendering them the main mode of expression for social and political demands and a common denominator in legal systems in contemporary democracies. In this way, human rights act as a bridge between culture, politics and law and a hinge between legal systems. Their spectacular impact on all areas of the law has provoked contrasting reactions: some denounce it as risking the disintegration of the law; others rather insist upon its reconstructive potential. Yet in every instance, human rights are doubtless one of the main features of legal postmodernity. The 4th ACCA Conference which took place in Louvain-la-Neuve in May 2015 aimed to contribute to the debate on human rights as a potential basis for reevaluation and/or reconstruction of the law. During the morning session, several speakers (academics or/and practitioners specialising in human rights) offered general presentations on this topic. In the afternoon session, participants had the opportunity to take part in workshops dedicated to specific topics: I. Human Rights and relationships between legal systems; II. Human Rights and procedural law; III. Human Rights and values; IV. Human Rights and Information Society; V. Human Rights and Investment; VI. Human Rights and Public Policy.

This publication contains bibliographical details of works concerning or making reference to the International Court of Justice that were published between 2014 to 2016 and received by the Registry of the Court.

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.

This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today’s world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.

This book analyses the features and functionality of the relationship between the law, individual or collective values and medical-scientific evidence when they have to be interpreted by judges, courts and para-jurisdictional bodies. The various degrees to which scientific data and moral values have been integrated into the legal discourse reveal the need for a systematic review of the options and solutions that judges have elaborated on. In turn, the book presents a systematic approach, based on a proposed pattern for classifying these various degrees, together with an in-depth analysis of the multi-layered role of jurisdictions and the means available to them for properly handling new legal demands arising in plural societies. The book outlines a model that makes it possible to focus on and address these issues in a sustainable manner, that is, to respond to individual requests and technological advances in the field of biolaw by consistently and effectively applying suitable legal instruments and jurisdictional interpretation.

Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.