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This article interrogates the corporate use of human rightsdiscourse. It does so in light of concern surrounding corporatedistortion of the Universal Declaration of Human Rights (UDHR)paradigm,1 and in light of the fact that corporations can claimshelter under human rights documents, particularly—asrecently discussed by Emberland2—the European Conventionof Human Rights and Fundamental Freedoms (ECHR). The authoroffers a critical exploration of corporate human rights claims(and some arguments advanced in their favour), and identifiesthe phenomenon of legal disembodiment (or quasi-disembodiment),linking it to both a genealogical account of human rights andthe nature of liberal legal personality. This reading of humanrights genealogy invites the reader to focus on a series ofparadoxes surrounding human rights, including their nature asa form of sacral construct, and locates human rights at an entrenchedand challenging interface between historical and contemporarypatterns of inclusion and exclusion. Quasi-disembodiment emergesfrom the analysis as a key conceptual conduit for the legalreception of corporate human rights claims. Linking the ECHRto the liberal human rights tradition, the author suggests thatnotwithstanding judicial protection of corporations as beneficiariesof ECHR protection, it remains essential to engage in a normativecritique of the very notion of corporate human rights. Beneathhuman rights law (and the related closures of legal discourse)it is possible to trace a human rights-oriented critique thatadopts human embodiment (and its quintessential link with humanvulnerability) as the ethical foundation of human rights.3 Emphasisingembodied vulnerability as the foundation of human rights yieldsa significant and ethically relevant distinction between corporationsand human beings—a distinction with intriguing possibilitiesfor the future theorisation of human rights—and one thatarguably problematises the corporate use of human rights discourse. 相似文献
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This conversation between two scholars of international law focuses on the contemporary realities of feminist analysis of international law and on current and future spaces of resistance. It notes that feminism has moved from the margin towards the centre, but that this has also come at a cost. As the language of women’s rights and gender equality has travelled into the international policy worlds of crisis management and peace and security, feminist scholars need to become more careful in their analysis and find new ways of resistance. While noting that we live in dangerous times, this is also a hopeful discussion. 相似文献
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Law and Critique - This reflection contrasts the dominant imaginary underlying ‘law of the Anthropocene’ with an imaginary reaching towards ‘law/s for the Anthropocene’. It... 相似文献
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Anna Grear 《Law and Critique》2006,17(2):171-199
This paper responds to the subversion of international human rights discourse by corporations. It begins by placing such subversion
in three contexts: the ascendance of human rights as the dominant discourse of contemporary moral and political life; the
emerging challenges to human rights posed by other-than-natural-human entities; and ambiguity in the relationship between
the legal subject and the human being. The author suggests that in order to resist corporate human rights distortion it is
important to reclaim the language of the human for the natural human being, despite complex philosophical and definitional
challenges attending the designation of the term ‘human.’ The author suggests that by re-attending to the implications of
human embodiment for human rights theory it might be possible to re-invigorate the protective potential of human rights for
vulnerable human beings and communities against powerful disembodied legal persons (corporations). 相似文献
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