Dinah Shelton in Boston College International and Comparative
Law Review, vol. 25 (2002): 235-255.
The shift in sovereignty
accompanying globalization
has meant that non-state actors are more involved than ever in issues relating
to human rights. This development poses challenges to international human rights
law, because for the most part that law has been designed to restrain abuses
by powerful states and state agents. While globalization has enhanced the ability
of civil society to function across borders and promote human rights, other actors
have gained the power to violate human rights in unforeseen ways. This article
looks at the legal frameworks for globalization and for human rights, then asks
to what extent globalization is good for human rights and to what extent human
rights are good for globalization. It then considers several legal responses
to globalization as they relate to the promotion and protection of human rights.
Shelton concludes that responses to globalization are signifi- cantly changing
international law and institutions in order to protect persons from violations
of human rights committed
by non-state actors.
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