The Protection of Commercial Interests Under the European Convention on Human Rights
It is a particular pleasure to have been invited to contribute on this topic in honour of Professor Roy Goode. Roy Goode's standing in his chosen field of commercial law is deservedly outstanding. His contributions to scholarship, particularly his book on commercial law, are magisterial. He has made very significant public service contributions in particular to the Committees on consumer credit and pensions. He has also shown remarkable dedication to the universities that he has served over the years. As a junior colleague at Queen Mary College nearly 20 years ago, I well recall how he conceived of a privately-funded centre of excellence in commercial law when such a proposal was a pioneering innovation. With characteristic drive, charm and insistence, Roy Goode brought that Centre into being very successfully. In addition to all these achievements, throughout he has been a fine teacher and research supervisor, held in high regard by those who had the good fortune to pass through his hands. He is also a thoroughly pleasant colleague.
Probably less generally known is Roy Goode's deep commitment to the protection of human rights and organizations which promote justice and tolerance. Again, characteristically Roy's commitment has been translated into practical and lasting contributions. Recently, for example, he was the motivating force behind the successful fund-raising appeal for the organization 'Justice', which he has served as Chairman of its Executive Committee.
It is therefore a pleasure and a privilege to contribute on a topic which brings together the themes of commercial law and the international protection of fundamental rights in honour of such a remarkable and admirable person.
The essay which follows examines the protection of commercial interests under the European Convention of Human Rights ('the Convention'). It begins by outlining the principles underlying the Convention and then examines provisions of the Convention which have been applied in the protection of commercial interests. The final section contains some concluding observations.