Statement of Purpose

Globalization is a multidimensional phenomenon, comprising numerous complex and

interrelated processes that have dynamism of their own. It involves a deepening and broadening
of rapid transboundary exchanges due to developments in technology, communications, and
media. Such exchanges and interactions occur at all levels of governance and among non-state
actors1, creating a more interdependent world.
Globalization is not new, although its forms and the technology that spurs it have changed.
Globalization today is most often associated with economic interdependence, deregulation, and a
dominance of the marketplace that includes a shifting of responsibilities from state to non-state
actors2. Economic globalization has been accompanied by a marked increase in the influence of
international financial markets and transnational institutions, including corporations, in
determining national policies and priorities. In addition, information and communications
technology has emerged as a dominant force in the global system of production, while trade in
goods, services, and financial instruments are more prevalent than any time in history3.
Paul Straiten has pointed out that globalization can come from above, in the form of
multinational firms, international capital flows, and world markets, or it can come from below,
reflecting the concerns of individuals and groups throughout the world 4. It seems evident that
globalization has enhanced the ability of civil society to function across borders and promote
human rights. The past two decades have seen a shift to multi-party democratic regimes, as more
than 100 countries ended rule by military dictatorships or single parties. Pressed by an
international network of non-governmental organizations and activists, the international
protection of human rights itself can be seen as an aspect of globalization, reflecting
1 Henry Steiner & Philip Alston, International Human Rights in Context 940 (2d. ed. 2000).
2 W.H. Reinicke, Global Public Policy: Governing Without Government 1118 (1998).
3 John O. McGinnis, The Decline of the Western Nation State and the Rise of the Regime of
International Federalism, 18 Cardozo L. Rev. 903, 918 (1996).
4 Paul Streeten, Globalization and its Impact on Development Co-operation, 42 Dev. 11, 11 (1999).

universal values about human dignity that limit the power of the state and reduce the sphere of
sovereignty.
Global technology and the information revolution have limited the ability of governments to
control the right to seek, receive, and transmit information within and across boundaries. Ideas
and information can circulate more freely, as can individuals. Free circulation enhances the
ability to inform all persons about rights and avenues of redress. It also makes it more difficult
for governments to conceal violations and allows activists more easily to mobilize shame in
order to induce changes in government behaviour5.
The multiple and sometimes contradictory impacts of globalization are reflected in the complete
disagreement of views over the pattern and direction of globalization. Proponents point to a rise
in average incomes for the world as a whole. Opponents note that there is persistent inequality
and poverty. The World Bank Development Report estimates that, at purchasing power parity, the
per capita GDP in the richest twenty countries in 1960 was eighteen times that of the poorest
twenty countries6. By 1995, the gap had widened to thirty-seven times. According to the
International Labour Organization (ILO), only 24%of the worlds foreign direct investment
(FDI) went to developing countries in 1999, down from 38% over the period 199397, and 80%
of recent investment went to only ten developing countries7. Wealth concentration is not only
seen among countries, but among individuals as well. Globalization, thus, has created powerful
non-state actors that may violate human rights in ways that were not contemplated during the
development of the modern human rights movement. This development poses challenges to
international human rights law, because, for the most part, that law has been designed to restrain
abuses by powerful states and state agents, not to regulate the conduct of non-state actors
themselves or to allow intervention in weak states when human rights violations occur. An
increasingly globalized civil society is likely to respond to economic globalization by opposing
5 Upendra Baxi, Voices of Suffering and the Future of Human Rights, 8 Transnatl L. & Contemp. Probs.
125, 15961 (1998).
6 International Labor Office, Reducing the Decent Work Deficit: A Global ChallengeReport of the
Director General 49 (2001),
7 ILO Report of the Director General, supra note 6

liberalized trade and investment regimes that are not accompanied by accountability,
transparency, public participation, and respect for fundamental rights.
The result may be viewed as a clash of globalizations. The clash plays out in the international
institutional and normative system that has separated human rights matters from economic policy
and regulation, creating distinct institutions, laws, and values for each field. Integrating them is
no easy task, indeed, some commentators view a conflict as inevitable.
Literature review

Neve Gordon8 assembles work from leading intellectuals and activists

in the field of human rights. Each essay in this book discusses a
community or issue left adrift in the wake of global capitalism.

Janet Dine9 appearing at a time when these issues are a subject of

extreme controversy, this book is distinguished by its balanced and
academic approach.

Anthony Woodiwiss10 examines that the human rights that pertain to

labour are amongst the most deeply entrenched of all such rights
as critical to the achievement of balanced economic development and
the precise investigation of the relations between civil and political
rights and economic and social rights.

Alison Brysk11 studies claiming a growing commitment to human

rights norms in the United States are not entirely mistaken. Most
simply, the transnational labour migration that is a critical feature of

8 Neve Gordon, From the margins of globalisation, 3rd edition, 2004

9 Janet Dine, Human Rights and Capitalism, 4th edition, 2006
10 Anthony Woodiwiss, Globalisation, Human Rights, and Labour Law in pacific asia, 2 nd edition, 1998
11 Alison Brysk, Globalisation and Human Rights, 1st edition, 2002

the globalizing economy leaves many migrants in an ambiguous

and outside the traditional human rights focus on the relationship
between states and citizens.

Rhoda E. Howard-Hassmann

examines globalization's effects on

human rights, world poverty, and inequality. He describes international

human rights law and the international social movement for reform of
globalization.

De Feyter et al12 said about how to render human rights campaigns in

pursuit of social change in a local context more effective. This topic is
to outline a methodology for case study research projects designed to
examine the localisation of human rights, that is, for research 'a
localised

human

rights approach

depends

on

cooperation between actors at different levels: community based

organisations, local human, Economic Globalisation ages.
Gap Area
1. Researcher has talk about the question that whether globalisation is
good for human rights but fail to say about its result.
2. Researcher mentioned that trade has the power to destroy the
livelihood but fail to say that whether due to this power people should
compromise to their human rights.
3. It has been discussed that it is the state responsibility but doesn,t
mention that state should give primafacie to human rights or
globalisation.
4. Researcher has talk about the complexity of violation of human rights
but does not talk about the boundary of that violation.

12 De Feyter et al, the local relevance of Human Rights, 4 th edition, 2011

5. It has been discussed about the link between trade and human right
but fail to say that which will dominant over whom.
Objective Statements/Research Question
The main objective of the study are1. Framework of the international human right law
2. Framework of the international trade law
3. Is globalisation good for human rights?
4. Are human rights good for globalisation?
5. International

responses

to

the

problem

of

human

rights

and

globalisation
Hypothesis
1. Globalization enhances human rights, leading to economic benefits and
consequent political freedoms.
2. Trade has the power to create opportunities and support livelihoods;
and it has the power to destroy them.
3. Certain human rights are particularly threatened by globalization.
4. Globalization is leading to greater problems of state capacity to comply
with human rights obligations.

Methedology
The method of writing followed in the course of this research paper is primarily analytical. The
researcher has followed a uniform mode of citation throughout the course of this research paper.