ABSTRACT

Economic globalization has the potential to be a great enabler for human rights, and to contribute directly to the realization of economic, social and cultural rights (ESCR). Globalization and trade liberalization offer greater access to international markets, which benefi ts states and encourages the attainment of ESCR. By offering greater international access to the domestic market, globalization encourages development projects, thus allowing individuals better opportunities to secure their ESCR, including employment, healthcare, and other basic goods and services. However, both the costs and benefi ts of globalization have been distributed unequally. Global inequality has deepened as a consequence, both internationally and within countries. This inequality is being worsened by the fact that the world’s most powerful groups – be they states or private corporations – are using globalization as a means of retaining and entrenching control over weaker actors. While the most dramatic reduction in extreme poverty in the world has occurred over the past 25 years, dozens of countries have become poorer, and within these countries, it is the most vulnerable who have felt the effects most acutely.1 Globalization has also made developing countries far more dependent on their exports in the global market; as a result, they are far more susceptible to global trends, such as the recent global economic crisis. ‘Human development’ is a multifaceted concept, which is encompassed by a range of different international law frameworks. However, despite increasing recognition of the rhetoric of development, which appreciates the inter-relationship between economic, social and environmental factors, there is still a lack of cohesion in developmental approaches. In part, this is due to the very nature and limits of international law, where the different domains are compartmentalised and operate independently. In particular, trade and economic growth are often treated as ends

in themselves, so that ‘[t]rade has become the lens through which development is perceived, rather than the other way round’.2 Inconsistencies and friction between different developmental approaches adopted by various international bodies make it diffi cult to adequately gauge the effectiveness of strategies and projects, and can also heighten the vulnerability of the impoverished and lead to further violations of their rights. Only through genuine global partnership can the interests and rights of the world’s most vulnerable people be promoted and protected. This chapter examines the relationship between global trade and human rights, the impact of World Trade Organization (WTO) Agreements on societal issues, and ways in which the WTO can boost human rights by supplying the economic preconditions needed for the realization of socioeconomic rights. It argues that the potential benefi ts of economic globalization are not being achieved as a result of unfair trading rules and the infl uence of certain instruments of globalization, including multinational corporations (MNCs) and the World Bank. In particular, the chapter explores these detrimental conditions in areas that are key to developing countries’ socioeconomic rights, including agriculture, health, water and indigenous knowledge. Overall, it argues that developing countries are disadvantaged and marginalized in the globalization process, and that globalization has not delivered on its promises to developing countries.