* Professor of Law, Notre Dame Law School. The author would like to thank Aaron Shelton for his assistance in the preparation of this Article. 1See infra note 42, et seq. 2See infra notes 3125. 3See Eric Stein, International Integration and Democracy: No Love at First Sight, 95 Am. J. Intl L. 489, 489 (2001). 4Globalization and its Impact on the Full Enjoyment of All Human Rights: Preliminary Report of the Secretary-General, U.N. GAOR, 55th Sess., ¶ 5, U.N. Doc. A/55/342 (2000). On the various meanings of globalization, see Wolfgang H. Reinicke & Jan Martin Witte, Interdependence, Globalization and Sovereignty: The Role of Non-binding International Legal Accords,inCommitment and Compliance: The Role of Non-Binding Norms in the International Legal System 75 (Dinah Shelton ed., 2000). See generallyA.G. McGrew et al., Global Politics: Globalization and the Nation States (1992);States Against Markets: The Limits of Globalization (R. Boyer & D. Drache eds., 1996); J.N. Rosenau, The Dynamics of Globalization: Toward an Operational Formulation, 27 Sec. Dialogue 247 (1996). 5 The U.N. General Assembly has called globalization not merely an economic process but [one that] has social, political, environmental, cultural and legal dimensions which have an impact on the full enjoyment of all human rights. Globalization and its Impact on the Full Enjoyment of All Human Rights, G.A. Res. 55/102, U.N. GAOR 3d Comm., 55th Sess., 81st plen. mtg., at 2, U.N. Doc. A/RES/55/02 (2001); see alsoGlobalization and its Impact on the Full Enjoyment of All Human Rights, G.A. Res. 54/165, U.N. GAOR 3d Comm., 54th Sess., 83d plen. mtg., at 2, U.N. Doc. A/RES/54/165 (2000).Both resolutions recognize that globalization affects all countries differently and makes them more exposed to external developments, positive as well as negative, including in the field of human rights. Id. 6See generallyD.M. Johnston, Consent and Commitment in the World Community (1997). Examples include the memoranda of understanding of port state authorities, judicial cooperation, and border city agreements. Id. 7Henry Steiner & Philip Alston, International Human Rights in Context 940 (2d. ed. 2000). Non-state actors include individuals, scientific and academic associations, international criminal syndicates, corporations, religious bodies, human rights organizations, and international organizations. Id. The U.N. estimates that there were some 36,000 non-governmental organizations in 1995. Id. 8 Some see globalization as beginning around the end of the fifteenth century, with Europes expansion through mercantile capitalism into America and Asia. See Statement of Rubens Ricupero, Secretary-General, UNCTAD, Financial Globalization and Human Rights: Written Statement Submitted by the International Organization for the Development of Freedom of Educationto the Commission on Human Rights, U.N. Doc. E/CN.4/1998/NGO/76 (1998). Others consider it to be a phenomenon with even longer roots, beginning with the invention of money and the emergence of trade links around the Mediterranean. See Grzegorz W. Kolodko, Technical Paper No. 176: Globalisation and Transformation: Illusions and Reality, at 7, available at http://www.oecd.org/dev/publication/tp1a.htm(last visited Dec. 12, 2001). 9See W.H. Reinicke, Global Public Policy: Governing Without Government 1118 (1998). 10See Philip Alston, The Universal Declaration in an Era of Globalization,inReflections on the Universal Declaration of Human Rights: A Fiftieth Anniversary Anthology 29 (Barend van der Heijden & Bahia Tahzi-Lie eds., 1998). 11See, e.g., John O. McGinnis, The Decline of the Western Nation State and the Rise of the Regime of International Federalism, 18 Cardozo L. Rev. 903, 918 (1996). The rate of information exchange has drastically reduced transaction costs, enabling expansion of transboundary communications. In 1860, sending two words across the Atlantic cost the equivalent of $40 in current money. Today this amount would be enough to transmit the contents of the entire Library of Congress. Kolodko, supra note 8, at 1112. 12Richard Falk, Law in an Emerging Global Village: A Post-Westphalian Perspective, at xxiv (1998); see also Enrico Colombatto & Jonathan R. Macey, A Public Choice Model of International Economic Cooperation and the Decline of the Nation State, 18 Cardozo L. Rev. 925, 925 (1996). 13Kenichi Ohmae, The Borderless World 185 (1991). 14Id. at 197. 15 McGinnis, supra note 11, at 918; Kenichi Ohmae, The End of the Nation State: The Rise of Regional Economies 1 (1995). 16 An estimated five million people died in intrastate conflicts in the 1990s. In 1998, there were more than ten million refugees and five million internally displaced persons. U.N. Development Programme, Human Development Report 2000, at 6 (2000), available at http://www.undp.org/hrd2000/english/hdr2000.htm [hereinafter UNDP]. On internal conflicts, race, and ethnicity, see New Tribalisms: The Resurgence of Race and Ethnicity 1 (Michael W. Hughey ed., 1998). 17 Dinah Shelton, Droit et justice pour chaque citoyen de la planète?, inMarina Ricciardelli et al, Mondialisation et Sociétés Multiculturelles: Lincertain du Future 305, 313 (2000). The weakening of the state is at the origin of numerous ethnic conflicts, sustained by unregulated commerce in conventional arms and by the growth in numbers of armed mercenaries. Id. Of the sixty-one conflicts that appeared during the years 19891998, all but three were internal armed conflicts. In states where the government has collapsed, armed tribes, and ethnic and political groups control territories without the rule of law and in the absence of public authorities. Id. In those states, human rights, like other legal constraints, have given way to anarchy and the exercise of unlimited power. Id. 18See Jason Burke et al., Asylum in Crisis: All Australia Can Offer is Guano Island,The Observer (London), Sept. 2, 2001, at 3. Some 460 refugees on board the Norwegian freighter the MV Tampa discovered the on-going importance of borders and state sovereignty in September, 2001, when they were denied entry and held off the coast of Australia for six days before being routed to Nauru and New Zealand. Id. 19 On the various meanings of sovereignty, see T.J. Bierstecker & C. Weber, State Sovereignty as a Social Construct 1-4, 11, 123, 283 (1996); R. Jackson & A. James, States in a Changing World 8, 19 (1993); Hendrik Spruyt, The Sovereign State and its Competitors 36, 37 (1994). See generally Jens Bartelson, A Genealogy of Sovereignty (1995); Stephen Krasner, Sovereignty: Organized Hypocrisy (1999). 20 Paul Streeten, Globalization and its Impact on Development Co-operation,42 Dev. 11, 11 (1999). 21 Prior to the founding of the United Nations (U.N.), human rights were seen largely as internal matters within the sovereignty of the state. Early debates in the U.N. over human rights usually centered on the question of whether or not Article 2(7), prohibiting the U.N. from intervening in matters essentially within the domestic jurisdiction of a state, excluded human rights issues from the agenda of the organization. For the debate over South Africas apartheid policies as a matter of international concern, see U.N. GAOR Comm. on the Racial Situation in the Union of South Africa, 8th Sess., Supp. No. 16, at 16-22, U.N. Doc. A/2505 (1953). Today, the claim of domestic jurisdiction is largely rejected. See, e.g., Document of the Moscow Meeting of the Conference on the Human Dimension of the Conference on Security and Cooperation in Europe, Oct. 3, 1991,reprinted in 30 I.L.M. 1670, 1672 (1991) ([C]ommitments undertaken in the field of the human dimension of the CSCE are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.). 22See, e.g., Upendra Baxi, Voices of Suffering and the Future of Human Rights, 8 Transnatl L. & Contemp. Probs. 125, 15961 (1998). 23See Jamie Frederic Metzl, Rwandan Genocide and the International Law of Radio Jamming, 91 Am. J. Intl L. 628, 629 (1997). 24See Christiane Chombeau, Des Juifs Dextrême Droite Déversent Leur Haine Antiarabe Sur Internet,Le Monde, Oct. 12, 2001, at 11. 25International Labor Office, Reducing the Decent Work Deficit: A Global ChallengeReport of the Director General49 (2001), available at http://www.ilo.org (citing World Bank, World Bank Development Report 2000/2001: Attacking Poverty (2001)) (last visited Jan. 29, 2002) [hereinafter ILO Report of the Director General]. 26Id. The 1998 U.N. Development Program report has even more extreme figures, focusing on individual wealth: the 20% of the worlds people who live in the richest countries had thirty times the income of the poorest 20% in 1960, and by 1995, had eighty-two times as much income. U.N. Development Programme, Human Development Report 1998, at 29 (1998). 27See ILO Report of the Director General, supra note 25, § 3.1. 28U.N. Research Institute for Social Development, States of Disarray: The Social Effects of Globalization, Report on the World Summit for Social Development 13 (1995), available at http://www.unrisd.org (last visited Mar. 11, 2002). 29 Although there were issues such as the slave trade and war crimes that were raised during the nineteenth century and concern for some economic and social rights emerged in the early twentieth century, most human rights law developed in the period following World War II. 30See generallyLouis Henkin, The Age of Rights (1990). 31 Stephen Kobrin, The MAI and the Clash of Globalizations, 112 Foreign Poly 97, 97 (1998). 32See Philip M. Nichols, Trade Without Values, 90 Nw. U. L. Rev. 658, 67273 (1996) (noting that the basic values of globalization may conflict with other values of society); see also Frank Garcia, The Global Market and Human Rights: Trading Away the Human Rights Principle, 25 Brook. J. Intl L. 51, 51 (1999); Alex Seita, Globalization and the Convergence of Values, 30 Cornell Intl L.J. 429, 470 (1997). 33Jack Donnelly, Universal Human Rights in Theory and Practice 64 (1989) (Modern markets also created a whole new range of threats to human dignity and thus were one of the principal sources of the need and demand for human rights.). 34 The ILOs Constitution may be accessed at International Labor Organization Const., available at http://www.ilo.org/public/english/about/iloconst.htm (last visited Mar. 11, 2002). The original constitution of the ILO comprises Part XIII of the Treaty of Versailles of June 28, 1919, of the Treaty of Saint Germain of Sept. 10, 1919, of the Treaty of Trianon of June 4, 1920, and Part XII of the Treaty of Neuilly of Nov. 27, 1919. In 1944, the Declaration Concluding the Aims and Purposes of the ILO redefined the aims and purposes of the ILO to emphasize that: (1) labor is not a commodity: (2) freedom of expression and association is essential to sustained progress; and (3) all human beings have a right to pursue their material and spiritual well-being in conditions of freedom, dignity, and equal opportunity. The Declaration now forms an annex to the ILO Constitution. For further information on the ILO, see International Labor Organization, at http://www.ilo. org (last visited Mar. 11, 2002). 35 Between 1919 and 2001, the ILO adopted 182 conventions and 180 recommendations covering basic human rights such as abolition of forced labor, freedom of association, and elimination of child labor, as well as conventions on occupational safety and health, industrial relations, and other conditions of employment. 36 Among the fundamental theoretical issues respecting human rights is the question of who rights may be claimed against, i.e., identifying the duty-holder corresponding to the rights-holder. The French Declaration of the Rights of Man and the Citizen proclaims that, the end in view of every political association is the preservation of the natural and imprescriptable rights of man. Declaration of the Rights of Man and the Citizen, French National Assembly, Aug. 27, 1789, art. II. This may imply rights held against all private and public interests. H.L.A. Hart describes general rights as those which have as correlatives obligations not to interfere to which everyone else is subject and not merely the parties to some special relationship or transaction, though of course they will often be asserted when some particular persons threaten to interfere as a moral objection to the interference. H.L.A. Hart, Are There Any Natural Rights?inJeremy Waldron, Theories of Rights 77, 8788 (1984). In his view the assertion of general rights directly invokes the principle that all men equally have the right to be free; the assertion of a special right invokes the same concept indirectly. Gerwith also posits that rights are claim-rights, in the Hohfeldian sense, that they are justified claims or entitlements to the carrying out of some correlative duties, positive or negative. A duty is a requirement that some action be performed or not be performed; in the latter, negative case, the requirement constitutes a prohibition. A. Gewirth, Are There Any Absolute Rights?, in Waldron, supra, at 93. Governments function is to ensure that rights and duties are fulfilled. Winston agrees that, when individuals enter into the social compacts by which governments are created, they in effect deputize their governments to discharge their duties to protect human rights on their behalves. This would explain why it is customary to treat governments as the addressees of human rights, but also why, when governments fail to fulfill their roles in protecting these rights, the responsibility to see that they are protected devolves on individuals. Morton E. Winston, The Philosophy of Human Rights 9 (1988). 37See Anne Orford, Contesting Globalization: A Feminist Perspective on the Future of Human Rights,in The Future of International Human Rights 157, 157 (Burns H. Weston & Stephen P. Markseds., 1999) (noting human rights law was not designed to consider as human rights violations those abuses that take place in the private sector). 38See, e.g., Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, art. 1, G.A. Res. 39/46, U.N. GAOR, Supp. No. 51, at 197, U.N. Doc. E/CN.4/1984/72 (1984), reprinted in 23 I.L.M. 1027 (entered into force June 26, 1987) ([Torture] means any act by which severe pain or suffering . . . is intentionally inflicted on a person . . . by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.); Inter-American Convention to Prevent and Punish Torture, Dec. 9, 1985, art. 3, O.A.S.T.S. No. 67, O.A.S. Doc. OEA/ser. P., AG/doc. 2023/85, reprinted in 25 I.L.M. 519 (1986) (entered into force Feb. 28, 1987) (describing those who shall be guilty of torture as including a public servant or employee or a person acting at the instigation of a public servant or employee). 39See generallyDinah Shelton, Remedies in International Human Rights Law (2000). 40 According to Michael Riesman, one of the crueler ironies of human rights law is that the system allows the actual wrongdoers to escape responsibility while the victims pay taxes the state uses to compensate such victims for the harms they have suffered. Michael Reisman & Janet Koven Levit, Reflections on the Problem of Individual Responsibility for Violations of Human Rights,inThe Modern World of Human Rights: Essays in Honor of Thomas Buergenthal 419, 421 (Pedro Nikken & Antonio Cancado Trindadeeds., 1996). 41See American Declaration of the Rights and Duties of Man, Ninth International Conference of American States, O.A.S. Res. XXX, art. XXIX, O.A.S. Off. Rec. OEA/ser. L./V/I.4 Rev. (1965). (It is the duty of the individual to so conduct himself in relation to others that each and every one may fully form and develop his personality.). 42 Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. GAOR, 3d Sess., at 71, U.N. Doc. A/810 (1948) [hereinafter Universal Declaration]. 43Id. art. 1. 44Id. art. 30. 45 Human rights treaties that call for criminalization of specific acts include the Convention on the Prevention and Punishment of the Crime of Genocide, the U.N. Convention Against Torture, the Inter-American Convention against Torture, the Inter-American Convention on Forced Disappearance of Persons, and the International Convention on the Suppression and Punishment of the Crime of Apartheid. 46See, e.g., Convention for the Suppression of Unlawful Seizure of Aircraft, Dec. 16, 1970, 22 U.S.T. 1641, 860 U.N.T.S. 105, 10 I.L.M. 133 (1971) (entry into force Oct. 14, 1971); Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Sept. 23, 1971, 24 U.S.T. 564, 10 I.L.M. 1151 (1971) (entry into force Jan. 26, 1973); Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents, Dec. 14, 1973, 28 U.S.T. 1975, 1035 U.N.T.S. 168, 13 I.L.M. 41 (1974) (entry into force Feb. 20, 1977); European Convention on the Suppression of Terrorism, Nov. 10, 1976, Europ. T.S. No. 90, 15 I.L.M. 1272 (1976) (entry into force, Aug. 4, 1978); International Convention against the Taking of Hostages, June 3, 1983, G.A. Res. 34/146, at xxxiv, U.N. GAOR, Supp. No. 46, at 245, U.N. Doc. A/34/786 (1979), reprinted in 18 I.L.M. 1456 (1979). 47 For crimes committed in the former Yugoslavia and in Rwanda, the U.N. created special international tribunals, but a permanent international court does not exist. 48 Universal Declaration, supra note 42, at 71. 49SeeThe Relationship Between the Enjoyment of Economic, Social and Cultural Rights and the Right to Development, and the Working Methods and Activities of Transnational Corporations, Sub-Commission on Prevention of Discrimination and Protection of Minorities Res. 1998/8, U.N. ESCOR, 50th Sess., 26th mtg., U.N. Doc. E/CN.4/Sub.2/Res/1998/8 (1998) [hereinafter Sub-Commission Resolution 1999/8]. 50See J. Oloka-Onyango & Deepika Udagama, The Realization of Economic, Social and Cultural Rights: Globalization and Its Impact on the Full Enjoyment of Human Rights, U.N. ESCOR, 52d Sess., U.N. Doc. E/CN.4/Sub.2/2000/13 (2000) (submittedin accordance with Sub-Commission Resolution 1999/8) [hereinafter Oloka-Onyango & Udagama, Globalization I]; J. Oloka-Onyango & Deepika Udagama, Economic, Social and Cultural Rights: Globalization and Its Impact on the Full Enjoyment of Human Rights,U.N. ESCOR, 53d Sess., U.N. Doc. E/CN.4/Sub.2/2001/10 (2001) (submitted in accordance with Sub-Commission Resolution 1999/8 and Commission on Human Rights Decision 2000/102). In decision 2000/102, the Commission on Human Rights decided to approve the nomination of Mr. J. Oloka-Onyango and Ms. Deepika Udagama as Special Rapporteurs to undertake a study on the issue of globalization and its impact on the full enjoyment of all human rights. 51 See J. Oloka-Onyango, Comprehensive Examination of Thematic Issues Relating to the Elimination of Racial Discrimination: Globalization in the Context of Increased Incidents of Racism, Racial Discrimination and Xenophobia, U.N. ESCOR, 51st Sess., U.N. Doc. E/CN.4/Sub.2/ 1999/8 (1999) [hereinafter Oloka-Onyango, Racism]. 52See Jose Bengoa, The Realization of Economic, Social and Cultural Rights: The Relationship Between the Enjoyment of Human Rights, in Particular Economic, Social and Cultural Rights, and Income Distribution, U.N. ESCOR, 49th Sess., U.N. Doc. E/CN.4/Sub.2/1997/9 (1997). 53See J. Oloka-Onyango & Deepika Udagama, The Realization of Economic, Social and Cultural Rights: Human Rights as the Primary Objective of International Trade, Investment and Finance Policy and Practice, U.N. ESCOR, 51st Sess., U.N. Doc. E.CN.4/Sub.2/1999/11 (1999). 54SeeEconomic, Social and Cultural Rights: Report of the Open-ended Working Group on Structural Adjustment Programmes and Economic, Social and Cultural Rights on Its Second Session., U.N. ESCOR, 55th Sess., U.N. Doc. E/CN.4/1999/51 (1999). 55See Fantu Cheru, Economic, Social and Cultural Rights: Effects of Structural Adjustment Policies on the Full Enjoyment of Human Rights,U.N. ESCOR, 51st Sess., U.N. Doc. E/CN.4/1999/50 (1999). 56 For more information on this matter, see the Commission on Human Rights, Resolution 1999/59 of April 27, 1999, and the Sub-Commission on the Promotion and Protection of Human Rights, on globalization and its impact on the full enjoyment of all human rights. U.N. ESCOR, 51st Sess., 58th mtg., U.N. Doc. E/CN.4/Res/1999/59 (1999); U.N. ESCOR, 52d Sess., 32d mtg., U.N. Doc E/CN.4/Sub.2/Res/2000/7 (2000). 57 See Trade Liberalization and Human Rights, Sub-Commission on the Promotion and Protection of Human Rights Res. 1999/30, U.N. ESCOR, 51st Sess., U.N. Doc. E/CN.4/Sub.2/ Res/1999/30 (1999) [hereinafter Res. 1999/30]. 58See John H. Jackson, The World Trading System: Law and Policy of International Economic Relations 89 (2d ed. 1989). 59SeeDouglas A. Irwin, Against the Tide: An Intellectual History of Free Trade 3 (1996). 60 On economic values, see Daniel M. Hausman & Michael S. McPherson, Taking Ethics Seriously: Economic and Contemporary Moral Philosophy, 31 J. Econ. Literature 671, 671 (1993). 61 The consequences of the economic approach can be tested by considering the issue of child labor. The ILO estimates that there are approximately 250 million children working worldwide. ILO Report of the Director General, supra note 25, § 1.3.From the human rights perspective, a ban on child labor is necessary for the well-being, dignity, and proper development of the child. It is also legally required to implement the ILO Convention and the Convention on the Rights of the Child which reflect these goals. Convention on the Rights of the Child, Nov. 20, 1989, 28 I.L.M. 1456 (1989). Every state except the United States has ratified the latter Convention and some states have enacted child labor bans, in total or in part. For example, the United States prohibits the importation of products mined, produced and manufactured by forced or indentured child labor. Treasury and General Government Appropriations Act of 1998, Pub. L. No. 10561, § 634, 111 Stat. 1272, 1316 (1998). From the perspective of international economic theory, it can be argued that such bans should be discouraged because they are inefficient. Child labor produces goods more cheaply and gives an economic advantage to the producing state. On the other hand, economic analysis also shows that productivity increases with the educational level of workers and in the long run is likely to be more economically beneficial than child labor. Within the international trading regime, such trade bans could be found to be in violation of the most-favored-nation and national treatment requirements unless they are justified by one of the exceptions found in GATT article XX. The jurisprudence of the WTO suggests that only products themselves are the subject of the restrictions, not the processes by which they are made. See GATT Dispute Panel Report on ThailandRestrictions on Imp. of and Internal Taxes on Cigarettes, Nov. 7, 1990, GATT B.I.S.D. (37th Supp.) at 200, DS 10/R-375/200 (1991); GATT Dispute Panel Report on U.S. Restrictions on Imp. of Tuna, 33 I.L.M. 1594 (1991). 62 Frank Garcia argues that, the regulatory framework which international economic law provides for globalization operates according to a view of human nature, human values and moral decision-making fundamentally at odds with the view of human nature, human values and moral decision-making which underlies international human rights law. Garcia, supra note 28, at 53 (1999). 63See Agreement Establishing the World Trade Organization, Apr. 15, 1994, 108 Stat. 4809, 4815, 33 I.L.M. 1125, 1144 (1994) [hereinafter WTO Agreement]. 64See Agreement on Trade-Related Aspects of Intellectual Property Rights, Apr. 15, 1994, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, Legal InstrumentsResults of the Uruguay Round vol. 31, 33 I.L.M. 81 (1994), available at http://www.wto.org [hereinafter TRIPs Agreement]. 65See General Agreement on Trade in Services, Apr. 15, 1994, 108, Stat. 4809, 4815, 33 I.L.M. 1167 (1994), available at http://www.wto.org [hereinafter GATS Agreement]. 66See Agreement on Trade-Related Investment Measures, Apr. 15, 1994, 108 Stat. 4809, 4815 (1994), available at http://www.wto.org. 67 General Agreement on Tariffs and Trade, Oct. 30, 1947, art. XX(e), 61 Stat. 5, A3, T.I.A.S. 1700, 55 U.N.T.S. 187, available at http://www.wto.org [hereinafter GATT Agreement]; General Agreement on Tariffs and Trade-Multilateral Trade Negotiations, Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, Apr. 15, 1994, art. XX(e), 33 I.L.M. 1125 (1994). 68 GATT Agreement, supra note 67, art. XX(a). 69Id. art. XX(b). 70Id. art. XX. For an interpretation of the chapeau and Article XX exceptions, see GATT Appellate Body Report on U.S.Imp. Prohibition of Certain Shrimp and Shrimp Prod., § VI(c), WT/DS58/AB/R (Oct. 12, 1998), available at 1998 WL 720123, at *41. 71 WTO Agreement, supra note 63, pmbl. 72See Steve Charnowitz, The WTO and the Rights of the Individual, 36 Intereconomics 98 (2001). 73See TRIPs Agreement, supra note 64, arts. 1.3, 2.1, 9.1, 10.2, 11, 14.2, 16.1, 25.1, 27.1, 35. 74 GATS Agreement, supra note 65, arts. I:2(d), II:1. 75 GATT Agreement, supra note 67, art. X. 76 For the application of such procedural rights to anti-dumping, see the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, arts. 6.1, 12.1, 12.2, 6.2, 6.9, 8.3, 13, 11.2, available at http:// docsonline.wto.org (last visited Mar. 1, 2002), and for the application of subsidies. See TRIPs Agreement, supra note 64, arts. 22.2, 23.1, 26.1, 28.1, 31, 39.2, 41, 42, 46; GATs Agreement, supra note 65, arts. VI, VII.5. 77 GATT Dispute Panel Report on U.S.--Sections 301310 of the Trade Act of 1974, ¶¶ 7.76, 7.90, 7.94, 7.167, WT/DS152/R (Dec. 22, 1999). 78 The goals of the WTO include the objectives of increasing living standards, full employment, the expansion of demand, production and trade in goods and services, linked to optimal use of the worlds resources according to the objective of sustainable development. WTO Agreement, supra note 63, pmbl. 79 World Trade Organization, Singapore Ministerial Declaration ¶ 4, WTO Doc. WT/ MIN(96)DEC/W (Dec. 13, 1996), reprinted in 36 I.L.M. 218, 221 (1997). 80 NAFTA has created a Labor Commission to monitor national enforcement of labor laws. North-American Agreement on Labor Cooperation, Sept. 8, 1993, Can.-Mex.-U.S., art. 8.1, 32 I.L.M. 1499, 1504 (1993). The European Union makes respect for human rights a condition of membership via the Treaty of Amsterdam. 81See James Gathii, Human Rights, The World Bank and the Washington Consensus: 1949-1999, 94 Am. Socy Intl L. Proc. 144, 144 (2000); Anne Orford, The Subject of Globalization: Economics, Identity and Human Rights, 94 Am. Socy Intl L. Proc. 146, 147 (2000). 82 The Articles of Agreement of the International Bank for Reconstruction and Development, July 22, 1944, 60 Stat. 1440, 2 U.N.T.S. 134, as amended, 16 U.S.T. 1942, 606 U.N.T.S. 294 (1965) (providing in Article IV, section 10 that, [o]nly economic considerations shall be relevant in the Banks lending decisions and operations). 83 Ibrahim Shihata, Democracy and Development, 46 Intl & Comp. L.Q. 635, 638 (1997). 84See Cord Jakobeit, The World Bank and Human Development: Washingtons New Strategic Approach, 6 Dev. & Cooperation 1, 4 (1999). 85Ibrahim Shihata, Issues of Governance in Borrowing Members: The Extent of Their Relevance under the Banks Articles of Agreement(1990), quoted inJohn Stremlau & Francisco Sagasti, Preventing Deadly Conflict: Does the World Bank Have a Role? 45 (1998). 86World Bank Group, Development and Human Rights: The Role of the World Bank(1998), available at http://www.worldbank.org/html/extdr/rights/hrintro.htm (last visited Mar. 11, 2002). 87See generally International Monetary Fund, Good Governance: The IMFs Role (1997). 88Id. at v. 89Id. at 4. 90See generally ILO Report of the Director General, supra note 25, at 9. 91SeeAnthony Giddens, Runaway World: How Globalization Is Reshaping Our Lives 3035 (1999). 92 M.D. Pendleton, A New Human RightThe Right to Globalization, 22 FordhamIntl L.J. 2052, 2052 (1999). 93See Garcia, supra note 32, at 60. 94See Patricia Stirling, The Use of Trade Sanctions as an Enforcement Mechanism for Basic Human Rights: A Proposal for Addition to the World Trade Organization, 11 Am. U. J. Intl L. & Poly 1, 4245 (1996). 95 Judith Bello, National Sovereignty and Transnational Problem Solving, 18 Cardozo L. Rev. 1027, 1029 (1996). 96 Orford, supra note 37, 169. 97 UNDP, supra note 16, at 1. 98Kevin Watkins, The Oxfam Poverty Report 109110 (1995). 99 El Hadji Guisse, The Realization of Economic, Social and Cultural Rights: The Question of Transnational Corporations, U.N. ESCOR, 50th Sess., U.N. Doc. E/CN.4/Sub.2/1998/6 (1998). 100Id. ¶ 1. 101See Statement by the United Nations Committee on Economic, Social and Cultural Rights, Globalization and Economic, Social and Cultural Rights (May, 1998), at http://www. unhchr.ch/tbs/doc.nsf/385c2ad . . . a?OpenDocument&Highlight=O, globalization(last visited Oct. 22, 2001); see alsoUNCTAD, World Investment Report 1994: Transnational Corporations, Employment and the Workplace 260 (1994). 102 ILO Report of the Director General, supra note 25, at 9. According to the 2001 report of the ILO Director General, close to two of every five countries have serious or severe problems of freedom of association. Id. 103See Marc W. Brown, The Effect of Free Trade, Privatization and Democracy on the Human Rights Conditions for Minorities in Eastern Europe: A Case Study of the Gypsies in the Czech Republic and Hungary, 4 Buff. Hum. Rts. L. Rev. 275, 275 (1998). 104See Lin Lean Lim, More and Better Jobs for Women: An Action Guide 1820 (Intl Labour Office 1999).Deregulation and the privatization of state enterprises have been key components of structural adjustment programs (SAPs) introduced by multilateral lending agencies as conditionals attached to aid packages to developing countries. Id. 105See generally Bharati Sadasivam, The Impact of Structural Adjustment on Women: A Governance and Human Rights Agenda, 19 Hum. Rts. Q. 630 (1997). 106 For more information on these effects, see Riham el-Lakany, WTO Trades off Womens Rights for Bigger Profits, 12 Womens Envt & Dev. Org. 1, 32 (1999), available at www.wedo.org/news/Nov99/wtotradeoff.htm. 107Lim, supra note 104, at 1920. 108See Deborah Spar & David Yoffie, Multinational Enterprises and the Prospects for Justice, 52 J. Intl Aff. 557, 557 (1999). 109 International Confederation of Free Trade Unions, Background Paper: Implementation of International Covenant on Economic, Social and Cultural Rights, ¶ 4, U.N. Doc. E/C.12/1998/4 (1998) [hereinafter ICFTU]. 110See, e.g., John Eremu, Uganda Warned on EPZ Strategy,New Vision, Dec. 7, 1998, at 54 (noting that exclusive protection zones in many African countries are characterized by human rights abuses). 111 ILO Report of the Director General, supra note 25, at 10. 112Lim, supra note 104, at 30. 113See Aaron B. Sukert, Note, Marionettes of Globalization: A Comparative Analysis of Protections for Contingent Workers in the International Community, 27 Syracuse J. Intl L. & Com. 431, 431 (2000). 114See 1999World Survey on the Role of Women in Development: Globalization, Gender and Work:Report of the Secretary General, at 9, 54th. Sess., U.N. Doc. A/54/227, U.N. Sales No. E.99.IV.8 (1999). Women have entered the workforce in large numbers in states that have embraced liberal economic policies. Id. It is by now considered a stylized fact that industrialization in the context of globalization is as much female-led as it is export led. The overall economic activity rate of women for the age group 2054 approached 70% in 1996. Id. at 8. One estimate is that 90% of the twenty-seven million people employed in EPZs worldwide are women. SeeJohn Hilary, Globalization and Employment: New Opportunities, Real Threats 1 (1999). 115 Hilary, supra note 114, at 44041. 116See generally Laurie Nicole Robinson, The Globalization of Female Child Prostitution: A Call for Reintegration and Recovery Measures Via Article 39 of the United Nations Convention on the Rights of the Child, 5 Ind. J. Global Legal Stud. 239 (1997). 117 ILO Report of the Director General, supra note 25, at 9. 118Id. 119See generally U.N. Economic and Social Council, Study on International Flows of Cultural Goods Between 19801998 (2000). 120See Danilo Turk, The Realization of Economic, Social and Cultural Rights, U.N. GAOR, Hum. Rts. Comm., 44th Sess., Agenda Item 8, ¶ 1-37, U.N. Doc. E/CN.4/Sub2/1992/16 (1992); see also Statement by the Committee on Economic, Social and Cultural Rights, Globalization and Economic, Social and Cultural Rights (May, 1998), at http://www.unhchr.ch/ html/menu2/6/cescrnote.htm#note18h [hereinafter Statement, Globalization]. 121See Sadasivam, supra note 105, at 630. 122 The debt burden of the thirty-three poorest countries of the world collectively amounts to $127 billion owed to industrialized countries and institutions. In Mozambique, one of the poorest countries in the world, 30% of all revenue goes to debt servicing. 123See A. Bernstein, Labor Standards: Try a Little Democracy,Bus. Wk., Dec. 13, 1999, at 42. 124See generally Mancur Olson, Power and Prosperity: Outgrowing Communist and Capitalist Dictatorships (2000). On development and human rights, see generally Amartya Sen, Development as Freedom (1999). 125 In Bosnia, foreign investment and donor support have been stifled because of rampant corruption and judges too fearful of retribution to enforce the law. See Chris Hedges, Leaders in Bosnia Are Said to Steal up to $1 billion, N.Y. Times, Aug. 17, 1999, at A1; see also Benn Steil & Susan L. Woodward, A European New Deal for the Balkans,Foreign Aff., Nov.-Dec. 1999, at 9596 (noting that reports of financial corruption and delays in creating economic institutions have driven away corporate investors). 126 UNDP, supra note 16, at iii. 127 For clarification on this relationship, see United Nations, Copenhagen+5 Review, at http://www.un.org/esa/socdev/geneva2000/index.html(last visited Mar. 10, 2002). 128 Res. 1999/30, supra note 57. 129 Orford, supra note 81. 130See John Locke, Second Treatise of Government ch. V, § 27 (C.B. McPherson ed., Hackett Publishing Co. 1980) (1690). 131 Statement, Globalization, supra note 120, ¶ 5. 132Id. ¶ 4. 133See, e.g., Inter-Am. C.H.R., Velasquez Rodriguez Case, Judgment of July 29, 1988, Ser. C, No. 4, ¶ 15977, available at http://www.corteidh.or.cr/sericing/C_4_Eng.html (last visited Mar. 11, 2002). See generally, Dinah Shelton, Private Violence, Public Wrongs, and the Responsibility of States, 13 Fordham Intl L.J. 1, 1 (1990). 134 The General Assembly has affirmed that while globalization, by its impact on the role of the state, may affect human rights, the promotion and protection of all human rights is first and foremost the responsibility of the state. The Assembly has called for an environment at both the national and global levels that is conducive to development and to the elimination of poverty through, inter alia, good governance within each country and at the international level, transparency in the financial, monetary and trading systems and commitment to an open, equitable, rule-based, predictable, and non-discriminatory multilateral trading and financial system. G.A. Res. 102/54, U.N. GAOR, 54th Sess., U.N. Doc. A/RES/54/102 (2000). 135 According to Diller and Levy, referring specifically to the issue of coercive forms of child labour, where fundamental human rights norms are implicated, international law requires that treaty obligations, such as trade undertakings, be maintained only to the extent of consistency with these norms. Janelle Diller & David Levy, Child Labor, Trade and Investment: Toward the Harmonization of International Law, 91 Am. J. Intl L. 678, 678 (1997). 136 Statement, Globalization, supra note 120. 137Statement of the United Nations Committee on Economic, Social and Cultural Rights to the Third Ministerial Conference of the World Trade Organization, Committee on Economic, Social and Cultural Rights, 21st Sess., Agenda item 3, ¶ 6, U.N. Doc. E/C.12/1999/9 (1999). 138 World Conference on Human Rights, Vienna Declaration and Programme of Action, U.N. Doc. A/CONF.157/23; see also Commission on Human Rights, Globalization and its Impact on the Full Enjoyment of All Human Rights, U.N. Doc. E/CN.4/RES/1999/59 (1999) (While globalization by its impact on, inter alia, the role of the State, may affect human rights, the promotion and protection of all human rights is first and foremost the responsibility of the State.). 139Final Act, World Summit for Social Development:Report of the World Summit for Social Development, U.N. Doc. A/CONF.166/9 (1995) [hereinafter Final Act]. 140 Sub-Commission on Promotion and Protection of Human Rights, Human Rights as the Primary Objective of Trade, Investment and Financial Policy, U.N. Doc. E/CN.4/Sub.2/ RES/1998/12 (1998); Report of the Sub-Commission on its 50th Sess., U.N. ESCOR, 50th Sess., at 39, U.N. Doc. E/CN.4/Sub.2/1998/45 (1998). 141 Commission on Human Rights, Effects of Structural Adjustment Policies and Foreign Debt on the Full Enjoyment of All Human Rights, Particularly Economic, Social and Cultural Rights, U.N. Doc. E/CN.4/RES/2000/82 (2000). 142 Oloka-Onyango & Udagama, Globalization I, supra note 50. 143U.N. Charter pmbl., art. 1. 144Id. arts. 5556. 145Id. art. 103. 146See id. 147 Vienna Convention on the Law of Treaties, May 27, 1969, art. 59, 1155 U.N.T.S. 331, 8 I.L.M. 679 (1969). 148U.N. Charter art. 30. 149Restatement (Third) of the Foreign Relations Law of the United States § 60102(1987). 150International Covenant on Economic, Social, and Cultural Rights, G.A. Res. 2200A (XXI), U.N. GAOR, Supp. No. 16, at 49, U.N. Doc. A/6316 (1966), reprinted in 6 I.L.M. 360. 151Id. art. 2(1). Other references to international cooperation are found in Articles 11, 15, 22, and 23. 152Id. 153Id. art. 2. 154See Committee on Economic, Social and Cultural Rights, Report on the Fifth Session, Economic and Social Council, U.N. ESCOR, Supp. No. 3, Annex III, General Cmt. No. 3, U.N. Doc. E/1991/23-E/C.12/1990/8 (1991). 155See Report of the Committee on the Elimination of Discrimination against Women, U.N. GAOR, 52d Sess., Supp. No. 38, ¶¶ 295, 345, U.N. Doc. A/52/38/Rev.1 (1997); see also Committee on the Rights of the Child, Report on the Twentieth Session, U.N. ESCOR, ¶¶ 21113, U.N. Doc. CRC/C/84 (1999) (recording a statement made by a representative of the IMF at the session acknowledging the link between child rights and a stable macroeconomic environment). 156 The rights guaranteed are: freedom of association and the effective recognition of the right to collective bargaining; elimination of all forms of compulsory or forced labor; effective abolition of child labor; elimination of discrimination in occupation and employment. For more information, see the ILO website, at http://www.ilo.org. 157See generally Michèle Jackson, A New Convention to Eliminate the Economic Exploitation of Children, 6 Tribune des Droits Humains 36 (1999). 158 3 U.N. R.I.A.A. 1905 (193141) [hereinafter Trail Smelter Arbitration]. 159 1949 I.C.J. 22. 160 Id.See generallysupra notes 158159. 161Trail Smelter Arbitration, supra note 158. 162 Universal Declaration, supra note 42, art. 30. 163Id. art. 29. 164 Jose Bengoa, Poverty, Income Distribution and Globalization: A Challenge for Human Rights, Addendum to the Final Report, at ¶ 28, U.N. ESCOR, 50th Sess., U.N. Doc. E/CN.4/Sub.2/1998/8 (1998). 165Id. 166Id. ¶ 29. 167Id. ¶ 31. Bengoa also notes that it is very important that development NGOs, international cooperation agencies, and charitable foundations participate, as they are acquiring ever greater relevance in relations between north and south, as part of the growing privatization of cooperation. Id. 168Id. ¶ 30. 169 Oloka-Onyango, Racism, supra note 51, ¶ 35. 170Id. 171See Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, 1949 I.C.J. 174, 178-79. See generally, Louis Henkin, Responsibility of International Organizations, in Henkin et al., International Law, Cases and Materials 35960 (3d ed. 1993). 172 The U.N. Charter, Chapter VII, does allow international peace-keeping actions, however, for threats to the peace, breaches of the peace, and acts of aggressionactions that would generally not be legal if performed unilaterally except in self-defense. 173 Commission on Human Rights, Globalization and its Impact on the Full Enjoyment of All Human Rights, U.N. Doc. E/CN.4/RES/2001/32 (2001). 174Id. 175Id. 176See id. 177See id. 178 Statement, Globalization, supra note 120, ¶ 5. 179Id. ¶ 7. 180Id. 181The Right to Adequate Food: Report of the Committee on Economic, Social and Cultural Rights, General Comment No. 12, at 102, 106, U.N. ESCOR., Supp. No. 2, U.N. Doc. E/2000/22 (2000). 182Id. 183Id. ¶ 20. 184Id. ¶ 41. 185SeeFinal Act, supra note 139 (calling for a reorientation of the work of the international community including the IMF and the World Bank to establish full employment, the eradication of poverty and popular participation as the primary goals of global development policy); ICFTU, supra note 109. 186 ICFTU, supra note 109, ¶ 7. 187Id. ¶ 17. 188 UNDP, supra note 16, at 10. 189See Charter of the International Military Tribunal, Aug. 8, 1945, 82 U.N.T.S. 280, 58 Stat. 1544 [hereinafter London Charter]. 190Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal,  Y.B. Intl L. Commn 37478, ¶¶ 95127, U.N. Doc. A/1316; Draft Code of Crimes Against the Peace and Security of Mankind:Report of the International Law Commission on the Work of its Forty-third Session,  2 Y.B. Intl L. Commn 79, U.N. Doc. A/CN.4/L 464.Add.4 (1991) [hereinafter Draft Code of Crimes]. 191London Charter, supra note 189, arts. 78; Draft Code of Crimes,supra note 190, arts. 11, 13. 192International Military Tribunal, 22 Trials of the Major War Criminals Before the International Military Tribunal 466 (1948). 193London Charter, supra note 189, art. 6. 194 Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 9, 1948, 78 U.N.T.S. 277 (entry into force Jan. 12, 1951). 195 International Convention on the Suppression and Punishment of the Crime of Apartheid, Nov. 30, 1973, art. III, G.A. Res. 3068 (XXVIII), 28 U.N. GAOR, Supp. No. 30, U.N. Doc. A/9030 (1974), reprinted in 13 I.L.M. 50. 196Draft Code of Offenses Against the Pease and Security of Mankind: Report of the Intl Law Commn on the Work of its 48th Session, U.N. GAOR, 51st Sess., art. 21, U.N. Doc. A/51/10 (1996). 197Id. 198 Inter-American Convention for the Prevention, Punishment and Eradication of Violence against Women, June 9, 1994, 33 I.L.M. 1334 (1994)(entry into force Mar. 3, 1995). 199 United Nations Convention Against Transnational Organized Crime; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; Protocol Against the Smuggling of Migrants by Land, Sea and Air, Nov. 15, 2000, U.N. Doc. A/55/383 (2000), reprinted in 40 I.L.M. 335 (2001). 200Id. arts. 14(2), 25. 201Id., pmbl., art. 2(b)6. 202See id. art. 3(a). 203 S.C. Res. 1306, U.N. SCOR, 55th Sess., 4168th mtg., U.N. Doc. S/RES/1306 (2000). 204Id. 205Id. 206 Sub-Commission Resolution 1999/8, supra note 49. 207Id. 208Id. 209Id. 210SeeCommission on Human Rights, Report of the Working Group on the Effects of the Working Methods and Activities of Transnational Corporations on Human Rights, at 4, U.N. Doc. E/CN.4/Sub.2/2000/WG.2/WP.1 (2000). 211Id. 212Id. 213 Commission on Human Rights, The Realization of Economic, Social and Cultural Rights: The Question of Transnational Corporations: Second Report of the Working Group, ¶ 52, U.N. Doc. E/CN.4/Sub.2/2000/12 (2000). 214 For differing accounts about why the effort was unsuccessful, see Kobrin, supra note 31, at 97. 215Id. at 99. 216See Milloon Kothari & Tara Krause, Human Rights or Corporate Rights? The MAI Challenge, 5 Tribune des Droits Humains 16 (1998). 217See generally Development Assistance Committee of the Organization for Economic Co-Operation and Development, Final Report of the Ad Hoc Working Group on Participatory Development and Good Governance, at 1, OECD Doc. OCDE/GP/93/191 (1997), available at http://www.oecd.org/dac [hereinafter OECD, Working Group]. 218Id. ¶ 66. 219See generally Organization for Economic Co-operation and Development, Trade, Employment and Labour Standards: A Study of Core Workers Rights and International Trade (1996). 220 OECD, Working Group, supra note 217, ¶¶ 1213. 221 The revision process demonstrated the impact of the Internet on prospects for participation in international organizations. A draft text of the guidelines were posted on the web with an invitation for the public to comment. After comments were received from businesses, labor unions, environmental groups, academic institutions, individuals, and non-member states, the draft was revised and the second version also posted on the Internet. A second round of public comment followed before the Guidelines were finalized. See James Salzman, Labor Rights, Globalization and Institutions: The Role and Influence of the Organization for Economic Cooperation and Development, 21 Mich. J. Intl L. 769, 847 (2000). 222 UNDP, supra note 16, at 80. 223 Examples are the Sullivan Principles concerning South Africa during apartheid and the McBride Principles for Northern Ireland. See Lance Compa & Tashia Hinchliffe-Darricarrère, Enforcing International Labor Rights Through Corporate Codes of Conduct, 33 Colum. J. Transnatl L. 663, 671 (1995); see alsoJ. Perez-Lopez, Promoting International Respect for Worker Rights Through Business Codes of Conduct, 17 Fordham Intl L.J. 1, 47 (1993). 224 Rugmark is a program to label carpets that have been made free from child labor. See J. Hilowitz, Social Labelling to Combat Child Labor: Some Considerations, 136 Intl Lab. Rev. 215, 224 (1997). 225 Peter J. Spiro, New Global Potentates: Nongovernmental Organizations and the Unregulated Marketplace, 18 Cardozo L. Rev. 957, 959 (1996). 226See Multinationals and Their Morals,Economist, Dec. 2, 1995, at 18. 227 Spiro, supra note 225, at 96263 (criticizing NGOs for lack of accountability and transparency). 228United Nations Millennium Declaration, G.A. Res. 55/2, U.N. GAOR, 55th Sess., U.N. Doc. A/Res/55/2 (2000) (issuing on behalf of the heads of state and government attending the U.N. Millennium General Assembly). 229Id. ¶ 30. 230See Office of the High Commissioner for Human Rights, Business and Human Rights: An Update (June 26, 2000), at http://www.unhchr.ch/businesupdate.htm. 231Id. 232Id. 233 The mandate of the special rapporteur on toxic waste includes complaints brought by and against states and non-state actors for the transboundary movement of toxic wastes and she is to identify specific companies and states involved in such traffic. 234See Jane Nelson, The Business of Peace: The Private Sector as a Partner in Conflict Prevention and Resolution 20 (2000), available at http://www.international-alert.org/corporate/Pubs.htm(last visited Dec. 22, 2001). 235See Jonathan Berman, Boardrooms and Bombs: Strategies of Multinational Corporations in Conflict Areas, 22 Harv. Intl Rev. 28, 28 (2000), available at http://www.hir.harvard.edu (last visited Mar. 11, 2002). 236See generally Hansjörg Strohmeyer, Collapse and Reconstruction of a Judicial System: The United Nations Missions in Kosovo and East Timor, 95 Am. J. Intl L. 46 (2001). 237Id. 238 In addition to the two agreements mentioned here, other international agreements signed include the code of labor practice signed between the International Federation of Association Football (FIFA) and the International Confederation of Free Trade Unions (ICFTU), the International Federation of Commercial, Clerical, Professional and Technical Employees (FIET) and the International Textile, Garment and Leather Workers Federation (ITGLWF). ILO, Report of the Director General, supra note 25, at 4344. 239Id. at 42. 240See G. Richard Shell, Trade Legalism and International Relations Theory: An Analysis of the World Trade Organization, 44 Duke L.J. 829, 90809 (1995). 241 Article 71 of the U.N. Charter authorizes ECOSOC to consult with NGOs concerned with matters within ECOSOC competence. Article 71 has been implemented through procedures adopted in ECOSOC resolutions. See General Review of Arrangements for Consultations with Non-Governmental Organizations: Report of the Secretary-General, Open-ended Working Group on the Review of Arrangements for Consultation with Nongovernmental Organizations, U.N. GAOR, 1st Sess., U.N. Doc. E/AC.70/1994/5 (1994). 242See Kenneth W. Abbott, Economic Issues and Political Participation: The Evolving Boundaries of International Federalism, 18 Cardozo L. Rev. 971, 1005-06 (1996). 243 Wordsworth, Rob Roys Grave, stanza 9, available at http://www.bartleby.com/145/ ww242.html (last visited Mar. 10, 2002).