Companies before the European Court of Human Rights

Thesis

This is a study of the European Court of Human Rights' doctrinal response to complaints for protection under the European Convention on Human Rights submitted by or on behalf of companies. Companies indisputably enjoy ECHR protection in principle yet the protection of persons closely tied with for-profit and corporate business enterprise is sometimes doctrinally problematic.

The thesis has two main objectives.

First, it analyses the Court's reasoning in three groups of cases in which corporate human rights litigation has presented particular problems of treaty interpretation: 1) The extent to which shareholders are 'victims' (Article 34) when they complain of measures that formally have befallen their companies. 2) Whether companies are protected by provisions that were conceived in relation to the needs of natural persons outside the business context (select areas under Articles 8(1), 10(1) and 41 are considered). 3) Which standard of review to be applied by the Court when companies allege that public regulation of their activity violates Articles 8 and 10. The case law is streamlined in a minimalist fashion, which obscures the Court's rationale. The thesis construes the structural framework within which the Court operates, and seeks to explain how the relevant case law is largely coherent when considered on these grounds.

Second, the Court's response is used for highlighting crucial aspects of the Convention system that are aptly revealed but which extend beyond the company context. Three aspects, which are suitable for further analyses, are essentially brought to the fore: 1) The Convention as a European liberal project, a characteristic that makes it stand out from the bulk of international human rights law. 2) The complex nature of the Convention's object and purpose, and, consequently, the Court's teleology. 3) The collective and economic aspects of the Convention's civil and political rights.

Authors: Emberland, M

• Peer review status: Peer reviewed
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford