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The Human Rights of CompaniesExploring the Structure of ECHR Protection$
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Marius Emberland

Print publication date: 2006

Print ISBN-13: 9780199289837

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199289837.001.0001

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(p.1) 1 Introduction
The Human Rights of Companies

Marius Emberland

Oxford University Press

This book investigates the ways in which human rights articulate with business law and practice, adopting as a facilitatory starting point approaches to the issue common in international law and constitutional law. More closely, it examines the level of protection offered company interests by the European Convention on Human Rights (ECHR). The book thus offers a study of the doctrinal response developed in Strasbourg by the European Court of Human Rights to claims for ECHR protection submitted by or on behalf of companies. It is important to appreciate that under the ECHR, the notion of companies enjoying rights protection is not disputed in principle: the Court does not per se regard corporate litigation with suspicion. This does not mean, however, that the protection of corporate interests is plain sailing in terms of ECHR law. The particular features of the corporate person and the interests pursued by such, combined with the particular structure of the ECHR and its international supervision, sometimes pose interpretative and practical challenges in terms of ECHR guarantees.

Keywords:   European Convention on Human Rights, European Court of Human Rights, human rights, companies, international law, corporate litigation, corporate person, business law, corporate interests

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