At The Crossroads of Globalization, Human Rights and Rule of Law: Creating A Legal Culture for Human Rights; Designing A GeoNOMOS Model for the State
Description Degree awarded: S.J.D. Washington College of Law. American University AT THE CROSSROADS OF GLOBALIZATION, HUMAN RIGHTS AND RULE OF LAW: CREATING A LEGAL CULTURE FOR HUMAN RIGHTS DESIGNING A GEONOMOS MODEL FOR THE STATE Karen Ann Cecilia O'Rourke, JD, M.Div. LLM, SJD ABSTRACTThe challenges arising at the crossroads of globalization, human rights and rule of law continue to occur within the nation State and consistently arise in conjunction with international public law, humanitarian law, and international economic law as well as private international law, human rights law and development law. This convergence of globalization, human rights and rule of law concerns more than law's technical discourse with its own procedures and principles. Rather, this convergence now demands the creation of a legal culture of human rights followed by the design of a more humane paradigm for capitalist globalization. The process will require new ways of thinking and talking about rule of law, human rights and globalization so that balancing political and economic imperatives, rule of law and international justice becomes a universal reality in this century. An initial historical review outlines the impact of the twentieth-century neoliberal paradigm for the globalization process and the international human rights regime, both of which have seriously eroded State autonomy. This dissertation defines a contribution to the larger work already in progress and addresses reconstructing the role of the State. It attempts to secure the State's function as the sole architect of world order by introducing a third evolution in a continuum for the expression of sovereignty, a new typology for human rights, and a State taxonomy called The GeoNOMOS Model®. The core function proposed for the State reflects the operation of the universal principles of liberty, human dignity and mutual benefit and becomes the qualitative foundation of the GeoNOMOS Model®. The Model outlines a republican notion of liberty framed by four conduct standards supporting human dignity and an "enterprise of law" designed to consistently and meaningfully address human rights in a society of economic traders. It is axiomatic that nothing in the GeoNOMOS Model® exists outside the liberty framework as each State operates domestically [vertical axis] and internationally [horizontal axis] in support of its single core function [to balance and integrate its essential building blocks ,eg., economic, social and human capital] within liberty framework, the "enterprise of law", and the proposed typology of human rights.
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