ABSTRACT

Human rights in development face a conundrum; foreign investment and corporations are required for economic growth, yet they can undermine the provision of rights. Economic globalization presents a challenge to the human rights law designed for the previous model of international relations. The implementation of human rights law is primarily accomplished through domestic law frameworks. States retain the ability to govern national policies and domestic economies. Human rights are threatened by neoliberal economic globalization as they depend on the sovereign power of the state for implementation and enforcement. Action to promote human rights at the national level increasingly requires international cooperation in a globalized world. The system of investment protection, given its immense importance to development and connection with human rights, is inconsistent with human rights responsibility based on state sovereignty. Economic globalization is essentially about expanding capitalist operations through investment into previously underdeveloped markets. Economic, social and cultural rights require positive governmental action.