Abstract:Judicial activism is a contested phenomenon, with the liberals and even the conservatives championing it while denouncing its particular manifestations.
The multiplication of legal orders is characteristic of what one could call an age of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative order will best advance cosmopolitan goals such as human rights.
"Right to Development" (RTD) called for a fundamental transformation of global governance at its origin. This transformation would enable RTD's full realization by overcoming international barriers to greater influence for the voices of the developing countries in global economic and political decision-making and to more solidarity. Twenty-five years later, elements of that agenda have in fact been achieved, enabling greater voice and influence for some developing countries, while their very success has raised new challenges to global governance of the future. This article analyzes key challenges that arise to the future of the right to development due to the "rise of the rest" and concludes that a fundamental rethinking of RTD and alternative structural changes in global governance are needed to realize the moral and political ideals of the right to development.
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