Law, Social Justice and Global Development Journal

Articles

Vol. 16, April

Human Trafficking: The Angle of Victimology - a Commentary
'THE CRIME PROBLEM IS THE OVERDUE DEBT A SOCIETY MUST PAY FOR TOLERATING, FOR YEARS, THE CONDITIONS THAT BREED LAWLESSNESS.' EARL WARREN Human Rights Jurisprudence has come of age. The informed, enlightened and elite citizens as well as detainees...
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Right to Education for All Children in Vanuatu - Are Girls Getting an Equal Opportunity to Education Compared to Boys?
1. INTRODUCTION The issue of female children failing to receive or continue with formalized education is an international problem. Between 1999 and 2006, the worldwide number of children not in school declined from about a 100 million to 75 million....
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Should a Student in School Be Seen and Not Heard? an Examination of Student Participation in U.S Schools
1. THE RIGHT TO PARTICIPATION The Convention on the Rights of the Child (CRC) is the most important international document pertaining to rights of children. Article 12 is seen by many to be the lynchpin of the Convention especially in its call for...
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Conducting Research with Children: Capturing the Voices of Orphaned Children Heading Households in Tanzania
1. INTRODUCTION This article outlines some practical and ethical challenges in researching with children and especially when a researcher seeks to get the children's consent and views. The experience in a study with Orphaned Children Heading Households...
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Practitioners' Perspectives of Child Migrant Labour and Child Exploitation within Cotton Seed Fields: Cases from Gujarat, India
1. INTRODUCTION Statistical estimates on incidences of child labour often vary. However, it is thought that globally, there are 352 million economically active children between the ages of 5 and 17 years . Of this, it also thought that at least...
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A Bully in the Playground: Examining the Role of Neoliberal Economic Globalisation in Children's Struggle to Become 'Fully Human'
1. INTRODUCTION Neoliberal economic globalisation (NEG) and its consequent institutions and processes were not constructed with children in mind. The moment one brings children into the equation, the exclusionary nature of this system is revealed;...
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An Assessment of Right to Elementary Education for a Girl Child in India: A Review of International and National Law
1. FEMINIST STRUGGLE FOR EDUCATION: AN INTERNATIONAL LACONIC OF THE PAST Jean Jacques Rousseau, the political scientist and preacher of 'Social Contract Theory', while commenting on feminism and female education said, 'Educate women like men, and...
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Beyond Child Participation in the Occupied Palestinian Territories: The Case for 'Protective Solidarity'
1. INTRODUCTION Children's voices are systematically excluded from the world in which we live. Adults shape their and children's realities, with a mindset constructed solely from an adult's perspective (Punch, 2002). The gulf between adults' understanding...
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The Omar Khadr Case: How the Supreme Court of Canada Undermined the Convention on the Rights of the Child
1. INTRODUCTION Omar Khadr's situation demonstrates the extreme vulnerability of children's rights and of the fundamental freedoms that are essential if we are ever to establish a culture of peace that leaves behind the injustices and bad habits...
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Child Defenders for Child Rights
This is a non-refereed article published on: 21st May 2010 1. BACKGROUND OF CHILD DEFENDERS It has been found that wherever there has been some success in reaching out to such poor children in contemporary India, this has been largely due to...
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Three-Day International Colloquium on "Children and Governance: Holding the State Accountable" Organised by HAQ
In a first-ever three-day international colloquium on children and governance, national and international experts and policy makers working in the field of child rights and protection keenly debated the issue of effective and improved governance for...
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Vol. 15, Annual

Policy Research on Access to Justice in Indonesia: A Review of World Bank and UNDP Reports
I. Introduction The access to justice activities discussed in this article took place in the context of Indonesia's democratization process. When in May 1998 the Suharto regime in Indonesia collapsed, a new political era emerged in which democratization,...
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An Analytical Framework for Empirical Research on Access to Justice
1. Introduction This article addresses conceptual and analytical issues involved in research on access to justice. Its first draft was written in order to facilitate twelve empirical case studies, which were conducted in 2008-2009 in various parts...
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Disputing Labour Dispute Settlement: Indonesian Workers' Access to Justice
1. Introduction This article is about labour and union strategies to seek justice through law in Indonesia after the start of Reformasi (reform) in 1998, which marked the end of the authoritarian Soeharto regime and the beginning of democracy. It...
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Seeking Environmental Justice in North Maluku How Transformed Injustices and Big Interests Get in the Way
1. Introduction At the beginning of 2009, I went to the Kao-Malifut area in North Maluku, Indonesia, to conduct research on the access to justice process in disputes concerning environmental issues. In the late 1990s, the Australia-Indonesian mining...
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Access to Agrarian Justice in Sumba, Eastern Indonesia
Introduction On 16 August 2007 a headline in the online-edition of the Indonesian journal Kompas asserted : 'Swedish grow Jatropha: Investment of 1 trillion Rupiah (1). Land will remain property of population'. The article continued by revealing...
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Rethinking the Implementation of Child Support Decisions Post-Divorce Rights and Access to the Islamic Court in Cianjur, Indonesia
1. Introduction With a population of 240 million Indonesia is the world's biggest Muslim country and the third largest democracy after India and the USA. Indonesia has a plural legal system which implies that as regards family law, different laws...
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District Legislation and Access to Justice: A Case Study of Female Migrant Workers in Cianjur
1. Introduction District legislation is increasingly seen as a useful avenue for NGOs to help disadvantaged Indonesians address injustices. A number of migrant workers' organizations that work at district level in Indonesia--in the districts of...
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Vol. 14, December

Transnational Elite Forces, Restructuring and Resistance in Bolivia
1. Introduction This paper analyses social restructuring in Bolivia between 1985 and 2005 by focusing on the agency of an expanding transnational historic bloc of elite social forces. The restructuring of Bolivia's production relations (including...
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Institutional Re/membering: Collective Memory and the South African and Kenyan Truth and Reconciliation Projects
1. Introduction In February 2008 Kofi Annan called on Kenya to establish a truth and reconciliation commission to help heal the nation following the violent aftermath of the controversial December 2007 elections. During this period of organised...
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'New' Global Development Cooperation Modalities and the Rights of the Orphaned Child
1. Introduction There has been growing hope that 'new' development cooperation modalities will result in increased solution of well-being related problems in the countries that are not economically developed (DfID 2004). There are three dominant...
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Liberal Legalism and the Challenge of Development in Nigeria
1. Introduction Nigeria is one of the underdeveloped nations of the world. Over 70 per cent of its population lives below the poverty line (UNDP 2007), it has the second highest maternal mortality rate (WHO 2005; World Bank 2005), the highest number...
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Good Governance and the Marketization of Human Rights: A Critique of the Neoliberal Normative Approach
1. Introduction The significance of community cannot sufficiently be understood without, first of all, considering the general lines in which human rights operate in the Third World. Human rights have not only been structured by the United Nations...
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Conceptualising Success and Failure for Social Movements
1. Introduction The American Civil Rights movement, one of the most significant movements of the twentieth century, altered the socio-political landscape of the United States. Set against racial segregation and socio-political deprivation of the...
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Vol. 1, No. 13, April

Making the WTO 'More Supportive of Development'? the Doha Round and the Political Rationality of the WTO's Development Mission
Contents Abstract 1. Introduction 2. The 'Science of Development' and the' Development Mission' of the Post-War Period 3. From Post-War Development to Neo-Liberal Development 3.1 From rational economic behaviour ... 3.2 ... to failing institutional...
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'Food Sovereignty': A Step Forward in the Realisation of the Right to Food
Contents 1. Introduction 2. Food Sovereignty--Context, Origins and Development of the Concept 2.1 Structural Causes of Hunger 2.2 Response to Neo-Liberalism 2.3 History and Development of the Concept 3. Food Sovereignty and State Obligations ...
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Tourism and Conservation of Biodiversity: A Case Study of St. Martins Island, Bangladesh
Contents 1. Introduction 2. St. Martins Island 3. Global biodiversity significance and St. Martin's Island 4. Coral Reef and Sea Turtle status in St. Martin's Island 4.1 Threats to Coral Reefs and Sea Turtles in St. Martin's Island 4.2 Tourism...
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If God Were a Human Rights Activist: Human Rights and the Challenge of Political Theologies
Contents Abstract 1. Introduction: Strong Questions and Weak Answers 2. The Globalization of Political Theologies 2.1 The Hegemonic, the Counter-Hegemonic and the Non-Hegemonic 2.2 The Western Resolution of the Religious Question 2.3 A Typology...
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The Socio-Legal Implications of Women's Work in the Informal Sector: A Case Study of Women Domestic Workers in Pakistan
Contents Abstract 1. Introduction 2. Domestic Workers in Pakistan: An Overview 3. Feminist Theoretical Perspectives on Gender, Law and Empowerment 3.1 Islamic Perspectives on Women's Work 3.2 Gender, Power and Legal Pluralism in Pakistan and...
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Customary Land Tenure Reform and Development: A Critique of Customary Land Tenure Reform under Malawi's National Land Policy
Contents Abstract 1. Introduction 1.1 Theoretical Framework 1.2 Structure of the Article 2. Development as Discourse 2.1 The Construction of 'Development' 2.2 The Nature of Neo-liberalism 2.3 A Critique of the Neo-liberal Approach to...
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Labels, Lies and the Law: Opportunities and Challenges in Mainstreaming Fair Trade
Contents Abstract 1. Introduction 2. The Foundations of Fair Trade 2.1 What is Fair Trade? 2.2 The Operation of the Fair-trade system 2.3 Fair trade in the Global Economy 2.4 Theoretical Perspectives 3. Tensions with Transformatory Trade ...
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Global Sustainable Development 'From Above' and Local Injustice 'Below': The Governance Challenge Facing the Congo Basin Rainforest
Contents 1. Introduction 2. Global Sustainable Development 2.1 The Concept, Discourse and Paradigm of Sustainable Development 2.2 The Phenomenon of Globalisation 2.3 The Globalisation of Sustainable Development 3. The Multiple Realms of Governance...
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Vol. 12, No. 2, December

Report on the IMISCOE-Funded B6 Workshop on 'Legal and Normative Accommodation in Multicultural Europe', Brussels 14-15 July, 2008
1. Introduction This report on an IMISCOE Cluster B6 workshop held in Brussels in July 2008 is in four parts. Part I is a summary which may suffice for many readers. Others who need or wish to go further might look at Part II, which...
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Multicultural Conflicts and National Judges: A General Approach
1. Introduction How do social and legal actors negotiate accommodative solutions to legal questions regarding family matters in situations involving immigrant and ethnic minorities in Europe and North America? (1) In this contribution I want...
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Military Law, Justice, and Culture in the British Army
1. Introduction As members of a disciplined force, British soldiers (1) of all ranks live under rules. Formal published rules abound in their daily experience, and they are expected to comply with and obey them. For example, at the organisational...
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East Timor's Community Reconciliation Process as a Model for Legal Pluralism in Criminal Justice
'The assumption that legal reform requires new rules is especially absurd in cases where the formal legal system does not reach the whole territory of the state. This is indeed the case in many developing countries where the state either does not...
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Pan-Africanism or Imperialism? Unity and Struggle towards a New Democratic Africa
1. Introductory Remarks I am honoured and humbled by your invitation to deliver the Second Billy Dudley Memorial Lecture. Memorial lectures are no doubt occasions for us to celebrate the lives of our colleagues and comrades and learn from their...
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Religious Courts Alongside Secular State Courts: The Case of the Turkish Alevis
1. Introduction Today there is increasing awareness that religious law still plays a role in secular societies and their legal systems. Religion has become a more prominent identity both within states and across state borders--be it Islam worldwide,...
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Editorial
This special issue of LDG on 'Legal Pluralism and the nation state' aims to demonstrate the wide and varied application of the concept of legal pluralism to current socio-legal debates. The papers in the issue straddle topics as diverse as military...
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Multiculturalism, Legal Pluralism and the Separability Thesis: A Postmodern Critique of 'An African Case for Legal Positivism'
1. Introduction: Understanding the Debate The debate over the nature and possibility of African jurisprudence, from a historical perspective, is a chequered one. That history, in certain terms, is reminiscent of the then, but no longer, controversial...
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Legal Pluralism within a Transnational Network of Governance: The Extraordinary Case of Rendition
1. Introduction Nation states organise many functions of governance within transnational networks, and this complicates our understanding of the dynamics of legal pluralism as primarily functioning within national legal systems. Legal pluralists...
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Vol. 11, Annual

Macrodynamics of Globalisation, Uneven Urban Development and the Commodification of Water
Abstract There are crucial relationships between global capitalist stagnation and volatility, neoliberal public policies, and uneven urban development that require explanation so as to develop appropriate progressive strategy. This is especially...
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Water, Human Rights and Social Conflict: South African Experiences
Abstract This article reviews some of the debates regarding the right to water, applying these to the experiences of water delivery in post-apartheid South Africa. Of central importance, we find, are international trends towards cost-recovery and...
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Observations on the Intersections of Human Rights and Local Practice: A Livelihood Perspective on Water
Abstract The "right to water" has been adopted as a human right in General Comment 15 by the Committee on Economic, Social and Cultural Rights. A critical issue in international, national and local water management is how to balance the concerns...
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Liberal Theory, Human Rights and Water-Justice: Back to Square One?
Abstract In the wake of the Fukuyama's 'end of history': liberal theory's triumph over its soviet/communist other, and the subsequent march of 'globalisation' and the ascendancy of neo-liberal ideology, this article interrogates the theoretical...
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Water as Dispute and Conflict
Interstate Disputes over Krishna Waters: Law, Science and Imperialism by Radha D'Souza 2006 (Hyderabad: Orient Longman) And Conflict and Collective Action: The Sardar Sarovar Project in India by Ranjit Dwivedi 2006 (London & New...
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Building Bridges between Regulatory and Citizen Space: Civil Society Contributions to Water Service Delivery Frameworks in Cross-National Perspective
Abstract This paper explores both the direct and indirect roles of civil society in regulation for service delivery of water services, drawing on examples from Argentina, Bolivia, Chile, France, New Zealand, and South Africa jurisdictions that have,...
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Water Activists across the African Continent: A View from the Field
1. The Africa Water Network As a senior policy advocate at Food & Water Watch, I am responsible for coordinating all of our work in Africa. Two years ago, we helped launch the Africa Water Network at the 2007 World Social Forum in Nairobi. While...
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Water, National Sovereignty and Social Resistance: Bilateral Investment Treaties and the Struggles against Multinational Water Companies in Cochabamba and El Alto, Bolivia
Abstract Over the last 20 years, bilateral investment agreements (BITs) have become an important part of the neoliberal 'free trade' agenda to open markets to foreign investment and protect the corporate 'right' to profit over the human right to...
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Judicial Enforcement of the Human Right to Water-Case Law from South Africa, Argentina and India
Abstract Access to water is fundamental to human life and health. The human right to water finds increasingly recognition at an international level. Yet, the crucial question remains if and how the right can be enforced. As the legal enforcement...
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Annual

Upendra Baxi: A Tribute
I first met Upendra Baxi at a conference on law in multilingual societies in Hong Kong in 1992. I had read some of his writings and heard many stories about him. His reputation was intriguing, indeed confusing: on the one hand, an outspoken commentator...
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Professor Upendra Baxi: Bio-Data
Professor Upendra Baxi, currently (since 1996) Professor of Law in Development, University of Warwick, served as Professor of Law, University of Delhi (1973-1996) and as its Vice Chancellor (1990-1994.) He has also served as: Vice Chancellor, University...
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Revisiting Social Dimensions of Law and Justice in a Posthuman Era
Abstract This article largely constitutes the keynote address delivered by Professor Baxi at the Julius Stone Institute of Jurisprudence in the Faculty of Law at the University of Sydney at an international conference marking the centenary of the...
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Editorial: Upen Baxi-A Celebration!
Upen Baxi--A Celebration! This issue is a celebration of Upendra Baxi's life and work! We started the celebrations with the conference on Human Rights and Global Justice which was organised last year with support from the Warwick School of Law and...
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Islamic Family Arbitration, Justice and Human Rights in Britain
Abstract It has been argued that in a multicultural and heterogeneous society there must be a commitment to cultural diversity and pluralism in the area of family life, just as in other areas, and that the law should uphold and support a diversity...
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Articulations of Injustice and the Recognition-Redistribution Debate: Locating Caste, Class and Gender in Paid Domestic Work in India
Abstract Based on primary research conducted with the Karnataka Domestic Workers Movement in Bangalore, India, this paper locates the injustice that a group of dalit women domestic workers identify as structuring their lives, and assesses the strategies...
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Cosmopolitanism and Human Rights
Abstract The piece outlines the importance of the idea of cosmopolitanism and its relationship with human rights. Beginning with the proposition of human rights as a contradictory and relative social form the article seeks to articulate a kind of...
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Is Humanity Enough? the Secular Theology of Human Rights
Abstract '[W]hoever invokes humanity wants to cheat' decrees Carl Schmitt (Schmitt, C, 1996, p 54). Or, we could add, has to cheat. The uncontainable 'human' of human rights does at times have to be contained. That is a condition of their having...
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Confronting Trade-Related Human Rights in a GATS-Compatible World
Abstract Focusing on the 'services economy' and the General Agreement on Trade in Services (GATS) this article analyses the ideological, institutional, policy and operational layers of 'coherence' that advance the hegemonic power of the triumvirate...
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A Rights-Based Approach to Addressing HIV/AIDS in the Workplace: The Role and Contribution of the ILO and Its Constituents
Abstract The human rights implications of the global HIV/AIDS epidemic stem mainly from stigma and discrimination directed at persons living with the virus. Violations of human rights on the basis of real or perceived HIV status represent a particular...
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Nancy Fraser's Integrated Theory of Justice: A 'Sociologically Rich' Model for a Global Capitalist Era?
Abstract Focusing on Nancy Fraser's integrated theory of justice, the paper analyses the exchanges between Nancy Fraser and Axel Honneth, both of whom draw upon Bourdieu in articulating their rival socio-normative theories of justice. Beginning...
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The MST and the Rule of Law in Brazil
Abstract The paper begins by acknowledging the uncomfortable nature of the MST's relations with prevailing legal orthodoxy, but then go on to briefly examine their nature, origins and extent. In acknowledging the tension between the MST and prevailing...
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Peoples' Law: Decolonising Legal Imagination
Abstract The simple and radical truth is that there is nothing inevitable or natural, let alone good, about the present 'order(ing)' of human societies within the scheme of the totality of global political-legal cultural imagination; there is nothing...
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Assessing Baxi's Thesis on an Emergent Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence from Nigerian Labour-Led Struggles
Abstract The objective of the article is to assess some of the sub-claims that emerge from Baxi's thesis on an emergent trade-related market-friendly human rights paradigm in the light of the available evidence regarding the intense contestations...
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Beheading the Hydra: Legal Positivism and Development
Abstract For the last sixty years, the concept of development has operated as a proxy for conversations about global inequalities. However its transformative logic ultimately implies that the West is the only legitimate source of models for social,...
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Free Culture, Global Commons and Social Justice in Information Technology Diffusion
Abstract This paper examines the critical role of the global expansion of IP rights in the construction and maintenance of digital inequalities and suggests that the irresolution of the World Summit on Information Society (WSIS) as well as the struggles...
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The WTO as a Node of Global Governance: Economic Regulation and Human Rights Discourses
Abstract The WTO acts in a number of ways as a global governance node, a point of intersection of a variety of regulatory networks. The interaction of WTO rules with human rights norms is both another example of such normative interactions, as well...
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Micro Level Factors in the Pursuit of Social Justice: A Study of Power Relations in the Santal Village
Abstract This paper argues that if we can gain a better understanding of the possibilities (and limitations) of the individual's strategies of renegotiating inequalities in societies, communities and households we will be better equipped to address...
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Globalising Gender Justice?
Abstract This paper focuses on the impact of the global market on gender relations. It argues that there is insufficient emphasis within contemporary feminist legal analyses on the inequalities associated with globalisation. While there has been...
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Human Rights: Southern Voices Francis Deng, Abdullahi An-Na'im, Yash Ghai and Upendra Baxi
Abstract In the context of 'globalisation,' Western jurisprudence has largely ignored non-Western viewpoints, interests, and traditions. This article takes a modest step towards de-parochialising our juristic canon by introducing writings about...
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