The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter explores the privity of contract. Traditionally the doctrine of privity of contract regards contract as based upon agreement and consequently only the parties to that agreement can enforce it. This chapter discusses common law limitations to the doctrine of privity; common law attempts to evade privity; and statutory developments. It covers the Contracts (Rights of Third Parties) Act 1999, including the freedom given to the contracting parties to exclude the provisions of the Act, or to set out procedures for post-contractual variation of arrangements that avoid the need to obtain the third party’s consent.
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13. Privity of Contract
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7. Sovereignty over Territory
Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.
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7. Sovereignty over Territory
Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.
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14. Limitations Common to Articles 8 to 11
This chapter analyses the limitations found in the second paragraphs of Articles 8 to 11 of the European Convention on Human Rights (ECHR), including the interests of national security, the interests of territorial integrity, the interests of public safety, the economic well-being of the country, the prevention of disorder or crime, the protection of health or morals, the protection of the reputation of others, the protection of the rights or freedoms of others, the prevention of the disclosure of information received in confidence, and maintaining the authority and impartiality of the judiciary. It discusses the application of the limitations in these Articles in the decisions made by the Strasbourg Court, and considers the required legal basis for interference, the legitimate aims of interference, the margin of appreciation doctrine, and the doctrine of proportionality.
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5. Defences
This chapter looks at the relevant statutory and non-statutory defences to copyright infringement. Defences against copyright infringement usually take the form of the so-called exceptions and limitations to copyright, which are meant to enhance and maintain a balance of interests between copyright holders and users. Exceptions allow individuals to carry out an exclusive act in relation to a copyright work, without asking authorisation from the copyright holder and without having to pay remuneration. Limitations, on the other hand, allow individuals to carry out an exclusive act in relation to a copyright work in return for paying remuneration to the copyright holder. The chapter then sets out the principal general copyright defences — which are discussed under the umbrella term of ‘fair dealing’ — and indicates which categories of work are covered by which defence and the requirements attached to each.
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11. Free movement of persons
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement, limitations on the rights of free movement as provided for in primary and secondary legislation; and the impact of Brexit on free movement rights.
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7. Rights and Obligations
Katharine G Young
Human rights are grounds for obligations. This chapter reviews the methods by which international human rights treaties oblige states to promote and secure rights. Two prominent approaches to the determination of obligations are discussed. First, the tripartite typology that calls on states to respect, protect, and fulfil human rights is examined. Second, the chapter considers the distinction between absolute norms and those that may be subject to justifiable and proportionate limitation or derogation. Finally, the chapter discusses how globalization impacts our understanding of human rights obligations: from the importance of extraterritorial obligations to different models for monitoring and accountability which affect how obligations are understood and specified.
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32. Pandemics
Meghna Abraham
The COVID-19 pandemic has exposed the difficulties that states face when responding to public health emergencies. This chapter explores obligations under human rights law and health law treaties to prepare and prevent pandemics and the reasons that states have failed to meet these obligations. Next, it considers the challenges of responding to a pandemic and the difficulties of striking an appropriate balance between protection of life and health and enjoyment of other rights. Finally, the scope of the obligation to provide international assistance in the form of vaccines and other medical resources is discussed.
