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Human Rights of Companies

Human Rights of Companies Exploring the Structure of ECHR Protection

Author: Marius Emberland
Publisher: Oxford University Press
ISBN: 9780199289837
Published In: January 2006
Format: Hardback , 268 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Innovative first major study of the protection of business enterprise under the European Convention on Human Rights
Offers pathbreaking insights into the fundamental principles underpinning European human rights protection
Provides a tangent to the US constitutional debate on corporate human rights protection

This book studies the response of the European Court of Human Rights, the international court that supervises governmental compliance with the European Convention on Human Rights (ECHR), to complaints submitted to it by companies and their shareholders. The protection of business vis-à-vis governmental regulation is hardly the main concern of international human rights law, yet it is not disputed that companies, and their owners, in principle enjoy protection under the ECHR. Such complaints are not unproblematic for the Court in Strasbourg, however.

This book analyses the Court's reasoning in three groups of cases in which they have presented difficult issues of treaty interpretation. As the case law is streamlined in a minimalist fashion which obscures the Court's rationale, the book construes the structural framework within which the Court operates and explains how the relevant case law is largely coherent when considered against the general structure of ECHR protection.

This book is the first major study of the protection of business enterprise under the European Convention on Human Rights and thus an invaluable guide to understanding how the Court in Strasbourg responds to corporate complaints. More importantly, by focusing on a field of European human rights law that is regarded by many as marginal and even objectionable, the book reveals the fundamental structures of European human rights protection, where the protection of economic activity and corporate life is regarded as inseparable from core values of the ECHR such as an effective political democracy and the rule of law.

Readership: Scholars, academics, advanced students, and practitioners in the fields of European human rights, the jurisprudence of the European Court of Human Rights, company law, business finance, and economics.

1: Introduction

2: Companies and the Structure of Convention Protection

3: The Court's Approach to Corporate Personality

4: The Court's Response to Hard Cases of Applicability

5: Lenient Standards of Scrutiny

6: Retrospect and Prospect

Marius Emberland, Associate Professor at the Faculty of Law, University of Oslo

"..this thorough and thoughtful study is most welcome. No-one who is interested in this critical subject can afford to ignore this book."

"I enjoyed this well-written book where the strength of the case analysis in the three central chapters shines through to make this a strong contribution to an important and developing area" - Cambridge Law Journal

"This book will surely prove to be of great value to both practitioners and academics, and deserves a wide audience..his [Marius Emerland's] organisation of the material is bold and provocative. It is a pioneering understanding of the human rights of companies, and may well influence the development of the law in this area."

"[A] well-written book [that makes] a strong contribution to an important and developing area." - Cambridge Law Journal