Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-45s75 Total loading time: 0.271 Render date: 2021-12-02T14:19:51.953Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

4 - The power of law versus the law of power: How human rights can overcome inequality, poverty, and vested interests

Published online by Cambridge University Press:  05 June 2014

Terrence E. Paupp
Affiliation:
Council on Hemispheric Affairs, Washington DC
Get access

Summary

Law, which contributes to grounding, organizing, prescribing, and coordinating the behavior of social actors, does not exist in a power vacuum. It is produced, sustained, and realized by power. Law is a reflection of power. On the one hand, it prescribes, controls, directs, and constructs power. Law cannot be dissociated from power. With a change of the agents of various types of power who have different perceptions and perspectives of the world and of history, law – which accompanies power – changes as well

(Yasuaki 2012, 150).

In a world where all states rely on the same global environment for their enrichment and thus for the satisfaction of their needs, rich countries effectively control the policies that drive the international economic order (largely through a select number of institutions), suggesting that what we have is a case of the wolf watching the sheep. Are we to be surprised that the policies that these institutions have long advanced, such as the opening of developing country markets (while protecting their own) and the privatization of public services, may not serve those developing countries well, while benefiting the developed countries, including through the enrichment of their private sectors?

(Salomon 2007a, 173).

Our interest in the sustainability of our planet and the survival of our species, it must be added, or of only our own societies or descendents, depends on our achieving ecological justice for future generations. Without explicitly accounting for the ecological interests of future generations, there is no guarantee that short-term solutions can or will safeguard the future

(Weston 2012, 256).
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Acemoglu, Daron, and Robinson, James A.. 2012. Why Nations Fail: The Origins of Power, Prosperity, and Poverty. New York: Crown Publishers.Google Scholar
Aguirre, Daniel. 2008. The Human Right to Development in a Globalized World. Cornwall: Ashgate.Google Scholar
Alves, Jose A. Lindgren. 2000. “The Declaration of Human Rights in Post-modernity,” in Human Rights Quarterly, Volume 22, Number 2, May. Baltimore: The Johns Hopkins University PressGoogle Scholar
Andreassen, Bard A. 2007. “Poverty, Human Rights and Justice Sector Reform in Kenya and Uganda,” in Casting the Net Wider: Human Rights, Development and New Duty-Bearers, edited by Salomon, Margot E., Tostensen, Arne, and Vandenhole, Wouter. Antwerp: Intersentia.Google Scholar
Bilchitz, David. 2007. Poverty and Fundamental Rights: The Justification and Enforcement of Socio-Economic Rights. New York: Oxford University Press.Google Scholar
Boesen, Jakob K., and Sano, Hans-Otto. 2010. “The Implications and Value Added of a Human Rights-Based Approach,” in Development as a Human Right: Legal, Political and Economic Dimensions – 2nd Edition, edited by Andreassen, Bard A. and Marks, Stephen P.. Antwerp: Intersentia.Google Scholar
Branch, Adam. 2011. Displacing Human Rights: War and Intervention in Northern Uganda. New York: Oxford University Press.CrossRefGoogle Scholar
Brewer-Carias, Allan R. 2009. Constitutional Protection of Human Rights in Latin America: A Comparative Study of Amparo Proceedings. New York: Cambridge University Press.CrossRefGoogle Scholar
Brohman, John. 1996. Popular Development: Rethinking the Theory and Practice of Development. Oxford: Blackwell Publishers, Inc.Google Scholar
Bustillo, Camilo Perez. 2003. “Towards International Poverty Law?: The World Bank, Human Rights, and Indigenous People’s in Latin America,” in World Bank, IMF and Human Rights – Including the Tilburg Guiding Principles on World Bank, IMF and Human Rights, edited by van Genugten, Willem, Hunt, Paul, and Mathews, Susan. The Netherlands: Wolf Legal Publishers.Google Scholar
Cameron, Peter D., and Correa, Ernesto. 2002. “Towards the Contractual Management of Public-Participation Issues: A Review of Corporate Initiatives,” in Human Rights in Natural Resource Development: Public Participation in the Sustainable Development of Mining and Energy Resources, edited by Zillman, Donald N., Lucas, Alastair R., and Pring, George. New York: Oxford University Press.Google Scholar
Chua, Amy L. 2000. “The Paradox of Free Market Democracy: Rethinking Development Policy,” in Harvard International Law Journal, Volume 41, Number 2, Spring.Google Scholar
De Feyter, Koen. 2007. “Localizing Human Rights,” in Economic Globalization and Human Rights, edited by Benedek, Wolfgang, De Feyter, Koen, and Marrella, Fabrizio. New York: Cambridge University Press.Google Scholar
De Feyter, Koen. 2011. “Sites of Rights Resistance,” in The Local Relevance of Human Rights, edited by De Feyter, Koen, Parmentier, Stephan, Timmerman, Christiane, and Ulrich, George. New York: Cambridge University Press.CrossRefGoogle Scholar
De Vita, Alvaro. 2007. “Inequality and Poverty in Global Perspective,” in Freedom from Poverty as a Human Right: Who Owes What to the Very Poor? edited by Pogge, Thomas. New York: Oxford University Press.Google Scholar
Faundez, Julio. 2010. “Access to Justice and Indigenous Communities in Latin America,” in Marginalized Communities and Access to Justice, edited by Ghai, Yash and Cottrell, Jill. New York: Routledge-Cavendish.Google Scholar
Fernholz, Rosemary Morales. 2010. “Infrastructure and Inclusive Development through ‘Free, Prior, and Informed Consent’ of Indigenous Peoples,” in Physical Infrastructure Development: Balancing the Growth, Equity, and Environmental Imperatives, edited by Ascher, William and Krupp, Corinne. New York: Palgrave-Macmillan.Google Scholar
Ghai, Yash. 2010a. “Constitutionalism and the Challenge of Ethnic Diversity,” in Global Perspectives on the Rule of Law, edited by Heckman, James J., Nelson, Robert L., and Cabatingan, Lee. New York: Routledge.Google Scholar
Ghai, Yash. 2010b. “Redesigning the State for ‘Right Development,’ ” in Development as a Human Right: Legal, Political and Economic Dimensions–2nd Edition. Antwerp: Intersentia.Google Scholar
Kennedy, David. 2006. “The ‘Rule of Law,’ Political Choices, and Development Common Sense,” in The New Law and Economic Development: A Critical Appraisal, edited by Trubek, David M. and Santos, Alvaro. New York: Cambridge University Press.Google Scholar
Klare, Michael. 2008. Rising Powers, Shrinking Planet: The New Geopolitics of Energy. New York: Metropolitan Books.Google Scholar
Klare, Michael. 2012. The Race for What’s Left: The Global Scramble for the World’s Last Resources. New York: Metropolitan Books.Google Scholar
Kupchan, Charles A. 2012. No One’s World: The West, The Rising Rest, and the Coming Global Turn. New York: Oxford University Press.CrossRefGoogle Scholar
Mills, C. Wright. 1956. The Power Elite. New York: Oxford University Press.Google Scholar
Muehlenbeck, Philip E. 2012. Betting on the Africans: John F. Kennedy’s Courting of African Nationalist Leaders. New York: Oxford University Press.CrossRefGoogle Scholar
Nussbaum, Martha C. 2011. Creating Capabilities: The Human Development Approach. Cambridge: The Belknap Press of Harvard University.CrossRefGoogle Scholar
Osiatynski, Wiktor. 2007. “Needs-Based Approach to Social and Economic Rights,” in Economic Rights: Conceptual, Measurement, and Policy Issues, edited by Hertel, Shareen and Minkler, Lanse. New York: Cambridge University Press.Google Scholar
Paupp, Terrence E. 2000. Achieving Inclusionary Governance: Advancing Peace and Development in First and Third World Nations. New York: Transnational Publishers, Inc.Google Scholar
Paupp, Terrence E. 2007. Exodus from Empire: The Fall of America’s Empire and the Rise of the Global Community. London: Pluto Press.Google Scholar
Paupp, Terrence E. 2009. The Future of Global Relations: Crumbling Walls, Rising Regions. New York: Palgrave-Macmillan.CrossRefGoogle Scholar
Paupp, Terrence E. 2012. Beyond Global Crisis: Remedies and Road Maps by Daisaku Ikeda and His Contemporaries. New Jersey: Transaction Publishers.Google Scholar
Pogge, Thomas W. 2002. World Poverty and Human Rights: Cosmopolitan Responsibilities and Reforms. Cornwall: Polity Press.Google Scholar
Rakove, Robert B. 2013. Kennedy, Johnson, and the Nonaligned World. New York: Cambridge University Press.Google Scholar
Rodrik, Dani. 2007. One Economics – Many Recipes: Globalization, Institutions, and Economic Growth. Princeton: Princeton University Press.Google Scholar
Salomon, Margot E. 2007a. “International Economic Governance and Human Rights Accountability,” in Casting the Net Wider: Human Rights, Development and New Duty-Bearers, edited by Salomon, Margot E., Tostensen, Arne, and Vandenhole, Wouter. Antwerp: Intersentia.Google Scholar
Salomon, Margot E. 2007b. Global Responsibility for Human Rights: World Poverty and the Development of International Law. New York: Oxford University Press.CrossRefGoogle Scholar
Schweickart, David. 1996. Against Capitalism. Boulder: Westview Press/A Division of Harper-Collins Publishers.Google Scholar
Sengupta, Arjun. 2002. “On the Theory and Practice of the Right to Development,” in Human Rights Quarterly, Volume 24, Number 4, November. Baltimore: The Johns Hopkins University Press.Google Scholar
Shelton, Dinah. 2008. “Reparations for Indigenous Peoples: The Present Value of Past Wrongs,” in Reparations for Indigenous Peoples: International and Comparative Perspectives, edited by Lenzerini, Federico. New York: Oxford University Press.Google Scholar
Stiglitz, Joseph, and Members of a UN Commission of Financial Experts. 2010. The Stiglitz Report: Reforming the International Monetary and Financial Systems in the Wake of the Global Crisis. New York: The New Press.Google Scholar
Weston, Burns H. 2012. “The Theoretical Foundations of Inter-generational Ecological Justice: An Overview,” in Human Rights Quarterly, Volume 34, Number 1, February. Baltimore: The Johns Hopkins University Press.Google Scholar
Yasuaki, Onuma. 2012. “International Law and Power in the Multipolar and Multi-civilizational World of the Twenty-first Century,” in Legality and Legitimacy in Global Affairs, edited by Falk, Richard, Juergensmeyer, Mark, and Popovski, Vesselin. New York: Oxford University Press.Google Scholar

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×