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Human Rights Realization in an Era of Globalization: The Indian Experience

Buffalo Human Rights Law Review, Vol. 12, pp. 93-138, 2006

31 Pages Posted: 14 Apr 2006  

Surya Deva

City University of Hong Kong; City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

Abstract

Globalisation, both as a description and a prescription, has provoked several contradictory responses. What is, however, generally agreed that globalisation has serious implications - positive or negative - for the realisation of human rights everywhere, but more so in developing countries. Taking India as illustrative of developing countries, this article tries to demonstrate that globalisation had, and would have, a mixed impact on the realisation of human rights; the negative effects though seem to arise and felt more in developing and under-developed countries. Although as a 'concept' globalisation is not anti-human rights, it cannot be said about globalisation as a 'process', where it interacts with human, non-human and inhuman actors.

The article also proposes some strategies and guiding principles which could help in a successful 'marketing' of human rights in an era of globalisation. In particular, it is argued that the Gandhian Talisma could ensure that the process of globalisation is alive to the human rights of all: one should ask whether the proposed policy or decision would help 'in the first place' those who need such help most.

Keywords: Globalisation - Concept and Process, Human Rights, Sustainable Development, India's New Economic Policy, Developing Countries, Gandhian Talisman

Suggested Citation

Deva , Surya, Human Rights Realization in an Era of Globalization: The Indian Experience. Buffalo Human Rights Law Review, Vol. 12, pp. 93-138, 2006 . Available at SSRN: https://ssrn.com/abstract=895708

Surya Deva (Contact Author)

City University of Hong Kong ( email )

School of Law
83 Tat Chee Avenue
Kowloon Tong
Hong Kong

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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