ABSTRACT
There are few topics as controversial as globalisation. Its very defi nition is explored, contested, and ever evolving. Globalisation is a multifaceted concept that encompasses the economic dimensions of a global marketplace, the social and intellectual aspects of the information revolution and the political dynamics of a world that is no longer strictly defi ned by States and their borders. Ideally, globalisation is meant to bring economic growth and solve a range of social, cultural and humanitarian problems. However, there are signifi cant debates about the extent to which the reality of globalisation refl ects this idealised vision. Just as the linkages between people, States and ideas are growing as a result of globalisation, so too are the divisions in the world. Social inequalities between and within States are greater than ever, with the gap between the rich and the poor ever widening. Notions of sustainable development and environmental justice have grown with globalisation, but so too has environmental degradation. Whether globalisation is producing negative or positive results is debated, but one thing seems clear: globalisation is changing the conditions in which people across the world live. In particular, globalisation has produced a highly interdependent world, rendering State boundaries almost meaningless. The spread of information, technology and people across the world, brought about by globalisation, has made the world seem smaller, but also more complex. The dynamics of international trade have provided a range of benefi ts, as barriers to trade have been removed and markets rendered increasingly accessible. While some States have been able to utilise this paradigm to their fi nancial advantage, the rules have not favoured all, and some obstacles to economic development appear insurmountable. As a result of this unequal distribution, the majority of the populations in developing and least developed countries continue to live in conditions of poverty and hardship, a situation that is perpetuated by the policies of the International Monetary Fund, the World Bank and the World Trade Organisation (WTO). International trade, spurred on by the forces of globalisation, may not only be assessed in terms of its fi nancial advantages or gains, but must also be considered against social, cultural and environmental concerns that are essential to the fabric of society. In this regard, particular attention must be
accorded to addressing international trade and its impact on development, indigenous culture, and intellectual property rights. If globalisation is to foster sustainable development, attention must be paid to concerns of environmental justice. Tensions between globalisation and environmental justice are clear, with the current climate change debate just one such example. Rising poverty, economic inequalities and the depletion of fi nite and natural resources have challenged the traditional development paradigm, and shifted the focus to the need to integrate globalisation with the goal of sustainable development. The transboundary nature of many environmental issues requires a global approach, and partnerships between States, civil society and international organisations. Thus globalisation, while contributing to the problem, also needs to be part of the solution. Securing sustainable development and reconciling competing economic, social, cultural and environmental interests are essential for a view of globalisation that supports environmental and social justice. It has long been recognised that sustainable development extends beyond environmental protection, but the interplay of social interests associated with environmental justice has remained largely ignored. For example, the preservation of traditional knowledge is an issue that is usually framed in terms of social justice; but it is equally a concern of environmental justice as well, as the management of traditional knowledge is key to environmental sustainability. Likewise, the exploitation of natural resources, especially in developing countries, is also an issue of environmental and social justice. Only by promoting and protecting social justice can the aims of environmental justice be realised, and likewise a healthy environment is a necessary condition for the realisation of social justice. Assessments of globalisation and its impacts on environmental and social justice must also account for myriad actors who are playing an increasingly infl uential role in policy and decision-making. The burgeoning role of civil society in international issues is another result of globalisation. This role has been enhanced by technological development, the information revolution and the changing nature of international law, in which the State is no longer the sole actor. Greater social awareness and the infl uence of non-governmental organisations (NGOs) are certainly to be counted among the positive benefi ts of globalisation. However, the increasing role of other civil society actors, and particularly transnational corporations (TNCs), is more disputed, as they have produced both positive and negative consequences for developing States. These non-State actors have brought greater economic activity, foreign investment and other conditions necessary for improving standards of living. However, with this activity there has also been increased environmental damage, as well as unaddressed social and cultural consequences. The transnational nature of these actions has brought some of these actors a large degree of impunity. The complicated interaction of human rights, international trade and development particularly confronts matters of social justice. Does globalisation have a human face? The effects of unfettered globalisation on international human rights are numerous, and pose serious diffi culties for international human rights law.
