Human Rights and the Global Economic Constitution Analysis

This report delves into the ineffectiveness of human rights within the global economic constitution. It begins by defining key concepts such as human rights and the global economic constitution, exploring different perspectives on the matter. The report then examines the Western approach to human rights, highlighting criticisms of its dominance and discussing alternative theories. It analyzes the views of scholars like Chantal Mouffe, J. Rawls, and Robert Howse, providing a comprehensive understanding of the complexities involved. The report further explores the historical origins and impact of human rights on the global economic constitution, offering insights into the challenges faced in upholding human rights within the framework of international economics. The report concludes by summarizing the key findings and emphasizing the need for a more nuanced approach to address the ineffectiveness of human rights in the global economic constitution.

Running head: INTERNATIONAL ECONOMIC CONSTITUTION
Human rights are ineffective within Global Economic Constitution
Name of the Student
Name of the University
Author Note

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Table of Contents
Introduction:....................................................................................................................................2
Discuss:............................................................................................................................................2
Human rights: Concept and Definition:.......................................................................................2
Global Economics Constitution:..................................................................................................4
Western Approach:......................................................................................................................4
Theory of Modern Reality:..........................................................................................................6
Observation of Professor Chantal:...........................................................................................6
Observation of Professor J Rawls:...........................................................................................7
Observation of Professor Robert Howse:................................................................................8
Modern Reality on Human Rights:..............................................................................................9
Origin of the human rights:........................................................................................................10
Impact on Global Economic Constitution:................................................................................11
Conclusion:....................................................................................................................................14
Reference:......................................................................................................................................16

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Introduction:
The main purpose of this report is to identify the ineffectiveness of human rights on the
global economic constitution. Before getting into the main topic, it is important to know the
concept of global economic constitution. Economics is a subject that can change the financial
framework of any country1. Government of a country has taken various steps to develop the
financial standard and make the country financially independent in nature. However, in doing so,
they have to think about the public policy as well. It has been observed in certain circumstances
that the government is taking steps by disallowing the interest of the fundamental rights of the
human being2. The Western thinking about the human right is subordinate in nature. It has been
observed that the Western scholars are taking the theory of human right as their conception, as
according to them, the notion has first been derived its origin from the Western Union. However,
this concept is facing serious criticism as there are certain other theories too hat has been
propounded in subsequent occasions. In this report, a detailed study has been made to this effect3.
Further, the possible definition of global economic constitution and its merit has been developed
by this report. All the fundamental theories to this effect have been discussed to make it clear
that how human rights create impact on the global economic constitution.
1 Shestack, Jerome J. "The philosophic foundations of human rights." Human Rights. Routledge, 2017. 3-36.
2 Jones, Peter. "Human rights, group rights, and peoples’ rights." Human Rights. Routledge, 2017. 277-304.
3 Hathaway, Oona A. "Do human rights treaties make a difference?." International Law and Society. Routledge,
2017. 3-110.

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Discuss:
Human rights: Concept and Definition:
Human rights are comprised of certain norms and rules by which the human dignity can
be established in the society. It provides certain guidelines regarding the standard of human
behavior and prescribes certain legal principles that are intended to secure the interest of the
human being. The concept of human right is universal in nature and it raises its voice for all
human beings so that they could not be deprived of their fundamental rights4. It is based on the
principle of equity and many countries including the European Union and United Nation has
implemented many rules for establishing human rights in the society. In the cases of international
legal terminologies and global institutions, human right is a serious matter of concern. Beitz
(2009) has defined human rights as a moral language. In the under-developed countries, human
rights are taken a great place, as the dignity of the human beings are avoided or denied at those
states on majority. Therefore, it is required to establish the concept of human rights to abolish the
principles of enslavement, genocide and sexual assault. Certain fundamental ideas regarding the
human rights have been implemented at the meeting of general assembly of United Nation in the
year 19485. However, a conflict has been cropped up regarding the principles of human rights.
The matter of conflict in this case is the mentality of the Western Union regarding the
implementation process of the human rights6. This report will discuss about the ineffectiveness
of human rights on Global Economic Constitution. A detail analysis of the economic constitution
and economic human rights will be described in this report. Further, an attempt has been made
4 Sikkink, Kathryn, and Ellen Lutz. "The justice cascade: the evolution and impact of foreign human rights trials in
Latin America." International Law and Society. Routledge, 2017. 319-351.
5 Freeman, Michael. Human rights. John Wiley & Sons, 2017.
6 Shelton, Dinah. Remedies in international human rights law. Oxford University Press, USA, 2015.

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with an intention to clarify the various principles and notions of the western union regarding the
implementation of the human rights.
Global Economics Constitution:
Before getting into the main course, the definition and scope of the Economics and
Economic constitution are required to be discussed. There are several provisions present to
define those terms. According to the states of Hayekian theory, economics is a science based on
the principle of efficiency and therefore, Economic Constitution is an efficient subject that
ensures the right regarding economic initiatives7. On the other hand, the Leftists have define the
concept of Economic Constitution as a document where the rights of the individual and other
rights like political and social rights are preserved8. However, the formalists have taken separate
conception. According to them, various political powers are appointed by the Constitution and
through the Economic Constitution; the powers of the sovereign are demarcated to define the
international political economy. The term of “Economic Constitution” has been derived its origin
from the ideas of German Economists and it defines the relation in between the laissez-faire and
sociological politics9. Through the economic constitution, the managerial framework regarding
the economy can be established without denying the important global and regional dimensions.
Professor Tony Prosser (2014) has made a substantial analysis regarding the economic
constitution and has concentrated on the institutional navigations and answerability pact.
7 Scott, Allen J. "A perspective of economic geography." Economy. Routledge, 2017. 3-23.
8 Von Stein, Jana. "Making promises, keeping promises: democracy, ratification and compliance in international
human rights law." British Journal of Political Science 46.3 (2016): 655-679.
9 Teubner, Gunther. "Global private regimes: Neo-spontaneous law and dual constitution of autonomous
sectors?." Public Governance in the age of globalization. Routledge, 2017. 71-87.

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Western Approach:
The western mentality towards the establishment of the economic constitutional approach
and human rights segmentation are quite dominating in nature and the therefore, they are taking
the effect of global implementation process of these rights and procedures. However, certain
criticisms have been made regarding this mentality of the western union and many scholars and
researchers are taking different notes regarding the dominating mentality of the western union.
Chantal Mouffe has been written against the terms and policies of the Western Union regarding
the democracy and human rights and according to her, the western union is interpreting the terms
with arrogance and anarchic in nature10. According to her, the term human right, as defined by
the Western Union can be different and the tendency of applying these rules worldwide is quite
parochial. She has established her theory on the principle of plurality and according to her, there
are many approaches present that can be applied globally and there is no necessity to adopt the
western mentality on international basis. The concept of economic constitution can be divided
into several parts such as traditional constitution, modern realities, Trachtman and constitutional
economics and Dunoff and self-delusion issues11. The traditional constitution of economics is
based on the concepts of Rousseau and Professor Hart. The concept of Rousseau is based on the
principle of founding will and contractual sovereignty. On the other hand, the concept of Hart is
based on the principle of natural law and doctrine envisaged by Blackstone. The importance of
Hart’s theory is engraved under the principle of rules of recognition. The effect of the traditional
theory was retained decades and after it, a modern realistic approach has been made regarding
10 Sassen, Saskia. "The global city: strategic site, new frontier." Managing Urban Futures. Routledge, 2016. 89-104.
11 Tuori, Kaarlo. "The many constitutions of Europe." The Many Constitutions of Europe. Routledge, 2016. 13-40.

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the theory of constitutional economics. This theory is known as modern reality and based on the
concept of constitutional plurality12. Professor Chantal is one of the supporters of this theory.
Theory of Modern Reality:
Observation of Professor Chantal:
In her article, Chantal has defined the problems on the human rights approach and told
about the doctrine established by Panikkar on human dignity and De Souza Santos on the
Mestiza conception. She has detailed various conceptions of democratic approach and the type of
pluralism in the article. She had discussed about various aspects of the plurality and described
the effect of the theory in regards to the context of global economics and human rights13.
According to Chantal, the western mentality on the human rights has been different as the term
was originated from the western approach. Therefore, it has been observed that the global human
rights approach has a linear mentality to be based on the theoretical point of view of western
sides. According to the research made by Chantal proved the fact that the implementation of
human rights has been depended on the liberal democracy and political theories that are
generated from the western culture. However, the term of liberal democracy has become a matter
of conflict and it has been defined from various aspects. According to Habermas, liberal
democracy should be based on the culture of rational argumentation and it should be
implemented through trans-cultural basis. On the other hand, Rorty has taken a different outlook
regarding the matter of implementation as stated by Habermas. He has made a distinction in
between the validity and approach of liberal rights. Rorty was intended to make a assimilation in
12 Kube, Vivian, and Ernst-Ulrich Petersmann. "Human rights law in international investment arbitration." Asian J.
WTO & Int'l Health L & Pol'y 11 (2016): 65.
13 Scott, Allen J. "A perspective of economic geography." Economy. Routledge, 2017. 3-23.

7INTERNATIONAL ECONOMIC CONSTITUTION
between the liberal rights and human rights and according to him, economic growth can be
possible by the broad approach of this theory. According to professor Chantal, western concept
of human right has failed to discuss with the different aspects of culture and it is required to
adopt a good political regime for the interest of better community.
Observation of Professor J Rawls:
Professor J Rawls has concentrated on the public policies for defining the principle of
constitutional regime. According to him, human rights play an important role in the economic
constitutional regime. He has pointed out the fact that “The European Court of Justice (ECJ), the
European Court of Human Rights (ECHR), and the European Free Trade Area (EFTA) Court
successfully transformed the intergovernmental European Community (EC) treaties and the
European Convention on Human Rights (ECHR) into constitutional orders founded on respect
for human rights.” According to his point of view, the judicial constitutionalization has made a
successful approach to the citizen, national courts and government and it protects the rights of
the individual successfully14. He has been defined the applicability of human rights with the
views of global governance and states about the importance of international economic law in
case of establishing democratic principles. In his word “Judicial interpretation of
intergovernmental rules as protecting also individual rights may be justifiable notably in citizen-
driven areas of international economic law protecting mutually beneficial cooperation among
citizens and individual rights (e.g. of access to courts). Multilevel economic, environmental and
human rights governance can become more reasonable and more effective if national and
international courts cooperate in protecting the rule of international law for the benefit of citizens
14 Stephens, Beth. "The amorality of profit: transnational corporations and human rights." Human rights and
corporations. Routledge, 2017. 21-66.

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(as ‘democratic principals’ of governments) with due regard for human rights and their
constitutional concretization in national and international legal systems”.
He has confined all his research in the “Theory of Justice” and established the principle
of deliberative democracy. According to him, the base of the procedure should be fair and
reasonable and he has concentrated on the principle of equity and justice to this effect. In another
book “Political Liberalism”, he has concentrated on the facts of the deliberative democracy and
defines the basic political rights ensured by the legal preconditions15. It is a fact that citizen of a
state are the main source of economical development and if proper rules of the human rights
could not be established to protect their interest, development regarding the same could not be
possible. An importance regarding the establishment of economic human rights has been raised
after the post war period and certain organizations are specified for the implementation of the
human rights principle. Certain institutions like World Trade Organization are regarded as the
example of human rights constitution. United Nation has been established to provide security to
the international states and maintain the principle of equity and justice to protect the sovereignty.
World Trade Organization has established the principle of labor protection and an integration
approach has been made to this effect.
Observation of Professor Robert Howse:
Professor Robert Howse has stated about the reformation made by the generation wise
system and stated that international legal order has been changed in its context. He made a
concurrent discussion with the criminal justice and humanitarian law and states that the
conception of responsibility in between the person has been changed a lot. According to
15 Von Stein, Jana. "Making promises, keeping promises: democracy, ratification and compliance in international
human rights law." British Journal of Political Science 46.3 (2016): 655-679.

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Petersmann, revolution regarding the human right alters the normative view of the individuals
regarding the international economic law. The human rights law has helped the individual in
different aspects16. It has been observed that the true nature of the legal dispositions such as
constitutional approach towards the economic liberty has been depicted by the modern human
rights. According to Petersmann, human rights hold an important place in the global economic
constitution17. There are certain reasons laid behind it. First of all, the juridical status of the
human being has been established through human rights and it has been observed that rear
attention on the framework of global economic law has been concentrated firmly. The most
effective area in this case is trade and commerce. Certain sectors like economic autonomy,
contract law and property rights are impacted by the human rights. It has been observed that the
concept of constitutional judicial review is established by the positive interference by the human
rights revolution. Further, the role of the adjudicators has been prescribed by the human rights
revolution18. It made a satisfactory settlement in between the several sovereign states and
maintained a discipline for the protection of entrenched economic autonomy.
Modern Reality on Human Rights:
The approach of the modern reality has significantly deals with the humanitarian
approach towards the international economic constitution. According to the supporters of this
theory, good regimes are required to reformulate the economical conditions of the states. It is
therefore important to understand the meaning of human rights19. However, it is also important to
16 Chilton, Adam S., and Mila Versteeg. "Do Constitutional Rights Make a Difference?." American Journal of
Political Science 60.3 (2016): 575-589.
17 Petersmann, Ernst-Ulrich. "The Promise of Linking Trade and Human Rights." Drache, D. & and L. Jacob
(eds.) (2014): 46-64.
18 Sullivan, Rory, and Mary Robinson, eds. Business and human rights: dilemmas and solutions. Routledge, 2017.
19 Stiglitz, Joseph E., and Jay K. Rosengard. Economics of the Public Sector: Fourth International Student Edition.
WW Norton & Company, 2015.

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find out the link in between the human rights and western approach to human rights. Considering
the various western cultures, it can be stated that western notion on the human rights states about
the human dignity. Certain values have been pointed out by the Western Union that support the
liberal democratic nature of human rights. Robert Howse has explained that provisions of trade
agreement should be come under the scrutiny of human rights. There are many classes of the
society who are directly or indirectly involved with the trade and commercial system and it is
important to protect their interest from humanitarian aspects. According to him, “There is no
consensus on how trade liberalization affects human rights, nor even a well-developed
methodology for determining the human rights impacts of trade agreements. Many people in the
mainstream trade policy community see no linkage whatsoever with human rights and consider
such concerns outside their realm20. Likewise, many human rights groups lack familiarity with
trade issues. They are puzzled by the language and suspicious of the entire process: from the
negotiations of tariffs to the settlement of disputes. The two communities are so far apart that
they do not even use the same vocabulary, let alone share a common philosophy”.
Origin of the human rights:
One of the most important topics in this matter is to determine the origin of human rights.
According to the old notion, human right is a western concept. However, brief analysis is
important to understand the fact and it is required to compare the base of the notion with other
cultural perspective. Panikkar talks about the homeomorphic aspect of human rights. According
to him, western scholars are describing the concept of human rights from the human dignity. The
concept of human rights should be discussed from the perspective of historical, philosophical and
20 Salomon, Margot E. "Of austerity, human rights and international institutions." European Law Journal 21.4
(2015): 521-545.

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theoretical aspect21. However, it has been observed in certain cases that concept of human right is
universal in nature and many countries have made attempt to define this subject. The position of
human rights, in case of any country is fundamental in nature and it creates impact on most
important aspects of the government like politics, culture, economic and legal sections.
Impact on Global Economic Constitution:
It is obvious to state the fact that trade law has a great impact on the economical
condition and it is to be stated that rights of the trade unionists and the labor classes need to be
secured. Principle of human rights helps to secure these rights. Trade law is codified under the
strong legal regimes22. However, human rights are not codified. The primary observation
regarding the same has been made in the year of 1980 when the world was experienced the
essence of globalization and the world economy was very much affected by the same. However,
human right has also affected by the globalization and many challenges were made regarding the
global establishment of human rights. The challenges were the main obstacles regarding the
promotion of the human rights23. Certain regulations have been adopted by the World Trade
Organization at that point of time and it has been observed that the abstract of these regulations
are creating impact on the human right regime. The resolution passed by the World Trade
Organization helps the government of various countries to implement necessary laws regarding
certain technical standards and it has helped the government to look in to the matter of human
rights too. The governments are obliged to fulfill the criteria of civil, political and economic
rights of the citizen. Therefore, a relationship has been made in between the trade law and human
21 Hathaway, Oona A. "Do human rights treaties make a difference?." International Law and Society. Routledge,
2017. 3-110.
22 Donnelly, Jack, and Daniel J. Whelan. International human rights. Hachette UK, 2017.
23 Tomuschat, Christian. Human rights: between idealism and realism. OUP Oxford, 2014.