Human Rights In Third World Perspective

Globalization, interdisciplinarity, and the critique of the Eurocentric canon are transforming the theory and practice of human rights. This collection takes up the point of view of the colonized in order to unsettle and supplement the conventional understanding of human rights. Putting together insights coming from Decolonial Thinking, the Third World Approach to International Law (TWAIL), Radical Black Theory and Subaltern Studies, the authors construct a new history and theory of human rights, and a more comprehensive understanding of international human rights law in the background of modern colonialism and the struggle for global justice. An exercise of dialogical and interdisciplinary thinking, this collection of articles by leading scholars puts into conversation important areas of research on human rights, namely philosophy or theory of human rights, history, and constitutional and international law. This book combines critical consciousness and moral sensibility, and offers methods of interpretation or hermeneutical strategies to advance the project of decolonizing human rights, a veritable tool-box to create new Third-World discourses of human rights.

Human Rights and the Third World: Issues and Discourses deals with the controversial questions on the universalistic notions of human rights. It finds Third World perspectives on human rights and seeks to open up a discursive space in the human rights discourse to address unresolved questions, citing issues and problems from different countries in the Third World: Whether alternative perspectives should be taken as the standard for human rights in the Third World countries? Should there be a universalistic notion of rights for Homo sapiens or are we talking about two diametrically opposite trends and standards of human rights for the same species? How far these Third World perspectives of human rights can ensure the protection of the minorities and the vulnerable sections of population, particularly the women and children within the Third World? Can these alternative perspectives help in fighting the Third World problems like poverty, hunger, corruption, despotism, social exclusion like the caste system in India, communalism, and the like? Can there be reconciliation between the Third World perspectives and the Western perspective of human rights?

The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.

The intertwining of development and human rights is the subject of the twelve essays collected by the editors. The individual authors extensively examine the commonly held belief that economic development cannot take place in Third World countries without the short term sacrifice of political liberty and demonstrate that there is considerable evidence to the contrary. Following a theoretical stage-setting that concentrates on the severe power limitations and the dependency of weak Third World states, case studies focus on such issues as state terrorism, food, the right to modernize, refugees, and support of apartheid in Latin America, the People's Republic of China, the Middle East, and Africa. Several essays concern the implementation of human rights and the role of multinational corporations and international nongovernmental organizations in protecting them. The final essay considers the international framework of government, law, and organization as a means for implementing human rights development in the Third World.

“No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books

This is a compilation which draws upon the recent experience of the Third World nations, including constitutional, legislative and judicial developments up to the end of 1979. The British common law system is selected as an example of the problems of transplanting Western law to developing areas and its subsequent adaptation to the conditions prevailing there.

Focusing on world regions where human rights abuses are the most serious, extensive and sustained; this book fills a crucial gap in our knowledge of the difficulties and promise of promoting human rights in our global age.

'Structural adjustment' has been a central part of the development strategy for the 'third world'. Loans made by the World Bank and the IMF have been conditional on developing countries pursuing rapid economic liberalization programmes as it was believed this would strengthen their economies in the long run. M. Rodwan Abouharb and David Cingranelli argue that, conversely, structural adjustment agreements usually cause increased hardship for the poor, greater civil conflict, and more repression of human rights, therefore resulting in a lower rate of economic development. Greater exposure to structural adjustment has increased the prevalence of anti-government protests, riots and rebellion. It has led to less respect for economic and social rights, physical integrity rights, and worker rights, but more respect for democratic rights. Based on these findings, the authors recommend a human rights-based approach to economic development.