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Article
The globalization of law: implications for the fulfillment of human rights.
USF St. Petersburg campus Faculty Publications
  • Alison Brysk
  • Arturo Jimenez-Bacardi, University of South Florida St. Petersburg
SelectedWorks Author Profiles:

Arturo Jimenez-Bacardi

Document Type
Article
Publication Date
2012
Abstract

How does the globalization of law, the emergence of multiple and shifting venues of legal accountability, enhance or evade the fulfillment of international human rights? The utility of law for the fulfillment of human rights can be summarized as a combination of normative principles, universal repertoire of definitions and boundaries, links to state enforcement, predictable processes for conflict resolution, and a doctrine of equal standing (Kinley 2009: 215). The intersection between the globalization of law and the globalization of rights is a question of global governance: In what ways and to what extent can and should law across borders regulate and enforce the protection of individuals from abuse of both global and local authority? What does existing literature tell us about where we stand in our understanding of the extent and meaning of these intersecting forms of globalization? There is a rough spectrum from pessimistic structural theories through more optimistic cosmopolitan reformist theories of norm change, with a middle position of a sociological and indeterminate dialectical struggle over the terms and impact of global governance. While we see clear evidence in the international human rights regime of the globalization of norms, definitions, and processes, it is unclear how much the globalization of law has enhanced enforcement or even standing for the fulfillment of core rights of the person.

Comments

Citation only. Full-text article is available through licensed access provided by the publisher. Members of the USF System may access the full-text of the article through the authenticated link provided.

Language
en_US
Publisher
Routledge
Creative Commons License
Creative Commons Attribution-Noncommercial-No Derivative Works 4.0
Citation Information
Brysk, A. & Jimenez, A. (2012). The globalization of law: implications for the fulfillment of human rights. Journal of Human Rights, 11, 4-16. doi: 10.1080/14754835.2012.648147