title: Governing globalization in South Asia through a legal praxis of human rights, development and democracy

authors: Tittawella, Suranjika Erangani

subjects: Globalization

abstract: ABSTRACT

This doctoral thesis in law seeks to understand, and begin to remedy, the immense and avoidable poverty that disenfranchises at least 30 percent of the world's most populous region. Defining South Asia as Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka, the study analyses the multidimensional nature, historical origins and modern dynamics of both this material poverty and poverties of human rights, democracy and development. Both critical analysis and creative response are framed within legal history, human rights jurisprudence, constitutional and administrative law, comparative law and public international law, but the author draws extensively on political economy and history, and partially on philosophy, and cultural studies.

Chapter 1 traces the Western evolution of the universal human rights regime, first  globalized  in 1948 by the Universal Declaration of Human Rights. It also traces South Asian sociopolitical and religious articulations of human dignity and limitations on legitimate power through the ages. Mostly contrary to culturally relativist claims, South Asia's human rights needs are found to be well served by a genuinely universalist regime including justiciable economic, social and cultural rights as inseparable from civil and political.

Chapters 2 and 3 survey the historical  globalizations  that have impacted on South Asia. Although globalization is shown to be a neutral phenomenon, the author identifies the insidious contemporary propagation of a particular neo-liberal ideology as being globalization's inevitable and optimal form. The study analyses this propagation by the International Financial Institutions the World Bank and International Monetary Fund, acting through Structural Adjustment Policies and only partially corrective Poverty Reduction Strategy Papers. Neo-liberalism supposedly unshackles benign market forces from distorting governmental rules to create spontaneous growth that trickles down to the poor; in fact it employs its own rules to privilege the already wealthy, especially Western capital and transnational corporations (TNCs).

The thesis urges South Asia to  govern globalization  pro-actively, seeking the virtuous circle of human rights, plural democracy and equitable development. Positive signs have already included national membership in, and constitutional enshrinement of, universal human rights norms, and certain efforts of civil society and non-governmental organizations, fostered at times by activist judiciaries. 

Chapter 4 nevertheless catalogues overriding failures to internalize plural democracy and the rule of law, leaving rights nominal and democratic structures hollow. Governments have been obsequious to neo-liberal hegemony, insouciant to their underclasses and exploitative of religious schisms in appeal to tyrannous majoritarianism. The South Asian Association for Regional Co-operation is shown as an inadequate response to the region's multidimensional poverties.

Adapting instead the best practices of the Council of Europe, the Organization of American States, the African Union, and the British Commonwealth from Chapter 5, Chapter 6 details a  South Asian Union for Human Rights Development and Democracy  to replace SAARC. This new regional response complements global human rights norms and offers South Asia solidarity in confronting neo-liberalism, and holding TNCs, IFIs and especially their own governments accountable to the rule of law, equitable development, deep democracy, wide human rights, and  larger freedom  in peace and security.

text: Governing globalization in South Asia through a legal praxis of human rights, development and democracy ABSTRACT

This doctoral thesis in law seeks to understand, and begin to remedy, the immense and avoidable poverty that disenfranchises at least 30 percent of the world's most populous region. Defining South Asia as Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka, the study analyses the multidimensional nature, historical origins and modern dynamics of both this material poverty and poverties of human rights, democracy and development. Both critical analysis and creative response are framed within legal history, human rights jurisprudence, constitutional and administrative law, comparative law and public international law, but the author draws extensively on political economy and history, and partially on philosophy, and cultural studies.

Chapter 1 traces the Western evolution of the universal human rights regime, first  globalized  in 1948 by the Universal Declaration of Human Rights. It also traces South Asian sociopolitical and religious articulations of human dignity and limitations on legitimate power through the ages. Mostly contrary to culturally relativist claims, South Asia's human rights needs are found to be well served by a genuinely universalist regime including justiciable economic, social and cultural rights as inseparable from civil and political.

Chapters 2 and 3 survey the historical  globalizations  that have impacted on South Asia. Although globalization is shown to be a neutral phenomenon, the author identifies the insidious contemporary propagation of a particular neo-liberal ideology as being globalization's inevitable and optimal form. The study analyses this propagation by the International Financial Institutions the World Bank and International Monetary Fund, acting through Structural Adjustment Policies and only partially corrective Poverty Reduction Strategy Papers. Neo-liberalism supposedly unshackles benign market forces from distorting governmental rules to create spontaneous growth that trickles down to the poor; in fact it employs its own rules to privilege the already wealthy, especially Western capital and transnational corporations (TNCs).

The thesis urges South Asia to  govern globalization  pro-actively, seeking the virtuous circle of human rights, plural democracy and equitable development. Positive signs have already included national membership in, and constitutional enshrinement of, universal human rights norms, and certain efforts of civil society and non-governmental organizations, fostered at times by activist judiciaries. 

Chapter 4 nevertheless catalogues overriding failures to internalize plural democracy and the rule of law, leaving rights nominal and democratic structures hollow. Governments have been obsequious to neo-liberal hegemony, insouciant to their underclasses and exploitative of religious schisms in appeal to tyrannous majoritarianism. The South Asian Association for Regional Co-operation is shown as an inadequate response to the region's multidimensional poverties.

Adapting instead the best practices of the Council of Europe, the Organization of American States, the African Union, and the British Commonwealth from Chapter 5, Chapter 6 details a  South Asian Union for Human Rights Development and Democracy  to replace SAARC. This new regional response complements global human rights norms and offers South Asia solidarity in confronting neo-liberalism, and holding TNCs, IFIs and especially their own governments accountable to the rule of law, equitable development, deep democracy, wide human rights, and  larger freedom  in peace and security.

year: 2008

title: The paradox of sustainability definitions

authors: Dimitrov, Dara

subjects: Sustainability, definitions, worldviews,

abstract: Purpose: This paper aims to encourage debate and reflection over the increasing application of the word sustainability and the implied meanings are taken from this usage. It is argued that there are increasing numbers of sustainability definitions which are producing negative effects; that the interpretation and dissemination of sustainability definitions are not neutral in their effects of understanding sustainability. 

Design/Methodology/Approach: This paper examines how sustainability is conceptualised from two worldviews and by specifically looking at four different convening parties; how their dimensions of sustainability are linked, influence and drive the construction of the sustainability definitions in a variety of areas and in the public domain. 

Findings: This research has identified that the paradox of sustainability definitions lies in the parties who create them and not in the issues of sustainability; that often sustainability definitions do not share the same goals. 

Practical Implications: This paper seeks to bring the increasing surfeit of sustainability definitions under scrutiny and therefore extend possibilities of further research in the areas of social responsibility, ethics, claims of professionalism and accountability. 

Originality/Value: There has been little if any research that questions the validity of the sustainability definitions and how they address the issues of sustainability. It shows that the sustainability definitions can affect and shape the understanding of sustainability in a variety of areas and for a variety of parties.

text: The paradox of sustainability definitions Purpose: This paper aims to encourage debate and reflection over the increasing application of the word sustainability and the implied meanings are taken from this usage. It is argued that there are increasing numbers of sustainability definitions which are producing negative effects; that the interpretation and dissemination of sustainability definitions are not neutral in their effects of understanding sustainability. 

Design/Methodology/Approach: This paper examines how sustainability is conceptualised from two worldviews and by specifically looking at four different convening parties; how their dimensions of sustainability are linked, influence and drive the construction of the sustainability definitions in a variety of areas and in the public domain. 

Findings: This research has identified that the paradox of sustainability definitions lies in the parties who create them and not in the issues of sustainability; that often sustainability definitions do not share the same goals. 

Practical Implications: This paper seeks to bring the increasing surfeit of sustainability definitions under scrutiny and therefore extend possibilities of further research in the areas of social responsibility, ethics, claims of professionalism and accountability. 

Originality/Value: There has been little if any research that questions the validity of the sustainability definitions and how they address the issues of sustainability. It shows that the sustainability definitions can affect and shape the understanding of sustainability in a variety of areas and for a variety of parties.

year: 2010

title: Te Nahi o Te Taniwha: Teeth of the Taniwha

authors: Rout, Matthew

abstract: This report outlines the scope of the project He oranga whānau: mahi ngātahi Whānau livelihoods within the context of work and Māori economies of wellbeing, which has been funded by Ngā Pae o te Māramatanga—the New Zealand Māori Centre of Research Excellence. Its purpose is to set the direction and design for the research project. To say the creation of such economies will be a complex task is an understatement. Three factors make this task a ‘wicked problem’.

text: Te Nahi o Te Taniwha: Teeth of the Taniwha This report outlines the scope of the project He oranga whānau: mahi ngātahi Whānau livelihoods within the context of work and Māori economies of wellbeing, which has been funded by Ngā Pae o te Māramatanga—the New Zealand Māori Centre of Research Excellence. Its purpose is to set the direction and design for the research project. To say the creation of such economies will be a complex task is an understatement. Three factors make this task a ‘wicked problem’.

year: 2022