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The Human Rights of Companies - Exploring the Structure of ECHR Protection (Hardcover, New)
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The Human Rights of Companies - Exploring the Structure of ECHR Protection (Hardcover, New)
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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-a-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.
General
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