{"title":"作为国际人权的公司基本权利:区域经济法院的视角","authors":"Patricia Wiater","doi":"10.1093/hrlr/ngad025","DOIUrl":null,"url":null,"abstract":"Abstract The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast, partly struggle to recognise corporations as human rights holders. The article critically examines the theoretical raison d’être of fundamental rights of corporations, granted in the framework of international human rights, and reflects on them on the basis of a Rule of Law-postulate.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":1.6000,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts\",\"authors\":\"Patricia Wiater\",\"doi\":\"10.1093/hrlr/ngad025\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast, partly struggle to recognise corporations as human rights holders. The article critically examines the theoretical raison d’être of fundamental rights of corporations, granted in the framework of international human rights, and reflects on them on the basis of a Rule of Law-postulate.\",\"PeriodicalId\":46556,\"journal\":{\"name\":\"Human Rights Law Review\",\"volume\":\"22 1\",\"pages\":\"0\"},\"PeriodicalIF\":1.6000,\"publicationDate\":\"2023-09-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/hrlr/ngad025\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/hrlr/ngad025","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts
Abstract The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast, partly struggle to recognise corporations as human rights holders. The article critically examines the theoretical raison d’être of fundamental rights of corporations, granted in the framework of international human rights, and reflects on them on the basis of a Rule of Law-postulate.
期刊介绍:
Launched in 2001, Human Rights Law Review seeks to promote awareness, knowledge, and discussion on matters of human rights law and policy. While academic in focus, the Review is also of interest to the wider human rights community, including those in governmental, inter-governmental and non-governmental spheres, concerned with law, policy, and fieldwork. The Review publishes critical articles that consider human rights in their various contexts, from global to national levels, book reviews, and a section dedicated to analysis of recent jurisprudence and practice of the UN and regional human rights systems.