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                <title type="main" TEIform="title">The Great Transformation II: Human Rights Leap-frogging in the Era of 
                    Globalization</title>
                <author TEIform="author">
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                    <name TEIform="name">Rhoda E. Howard-Hassmann</name>
                    <affiliation TEIform="affiliation">Wilfrid Laurier University</affiliation>
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                    <name TEIform="name">Kate MacKeracher</name>
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                <publisher TEIform="publisher">MCRI, Globalization and Autonomy</publisher>
                <pubPlace TEIform="pubPlace">McMaster University, Hamilton, Ontario, Canada</pubPlace>
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<p TEIform="p">Published online for research and educational purposes. Copyright: MCRI, Globalization and Autonomy</p>
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                <date value="2005-06-21" TEIform="date">21 June 2005</date>
                <distributor TEIform="distributor">MCRI, Globalization and Autonomy. Distributed with support from TAPoR and the McMaster Humanities Media and Computing Centre, McMaster University, Hamilton, Ontario, Canada.</distributor>
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                <title TEIform="title">Globalization and Autonomy Online Compendium</title>
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                    <term type="subject" TEIform="term">capitalism</term>
                    <term type="subject" TEIform="term">human rights</term>
                    <term type="subject" TEIform="term">Great Transformation</term>
                    <term type="subject" TEIform="term">international human rights law</term>
                    <term type="subject" TEIform="term">Transnational corporations</term>
                    <term type="subject" TEIform="term">global civil society</term>
                    <term type="topic" TEIform="term">Democracy</term>
                    <term type="topic" TEIform="term">Global Governance</term>
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<front TEIform="front">
            <div n="1" TEIform="div">
<head TEIform="head">Abstract</head>
                
                    <p TEIform="p">Whether globalization improves or undermines human rights is not a matter that can 
                    be observed in the short term. Globalization is the second "great transformation" 
                        <ref target="Hassmann.Transformation.PolanyiK1944" TEIform="ref">(Polyani 1944, 40)</ref> spreading capitalism over the entire world. Many of its 
                    short-term effects will be negative. Nevertheless, its medium and long-term effects 
                    may well be positive, as it impels social changes that will result in greater moves 
                    to <term target="CO.0001 " n="1" TEIform="term">democracy</term>, economic redistribution, the rule of law, and promotion of civil and 
                    political rights. Capitalism is a necessary, though hardly sufficient condition for 
                    democracy: democracy is the best political system to protect human rights.</p>
                    
                    <p TEIform="p">This set of effects does not mean that the non-Western world will follow the exact 
                    same path to protection of human rights that the Western world followed. No 
                    international law obliged the West to protect human rights during its own era of 
                    economic expansion. Thus, the West could practice slavery, expel surplus 
                    populations, and colonize other parts of the world. <term target="CO.0024 " n="1" TEIform="term">Genocide</term> and ethnic cleansing 
                    were not prohibited.</p>
                    
                    <p TEIform="p">The non-Western world does not enjoy the advantage of human rights lawlessness. It 
                    does, however, enjoy other advantages occasioned by the presence of human rights. 
                    There is a global communications network and many global pro-human rights 
                    organizations. There is also the movement toward <term target="CO.0042" n="1" TEIform="term">global governance</term>. Finally, and 
                    paradoxically, there is the global social movement against globalization, which 
                    forces some reflection upon its deleterious consequences.
                    Thus, the non-Western world benefits from geographical and chronological human 
                    rights "leap-frogging." This position, along with the social changes that global 
                    capitalism and industrialism may impel, may mean that the medium and long-term 
                    consequences of globalization are positive for human rights.</p>
                
            </div>
        </front>
<body TEIform="body">
            <div n="2" TEIform="div">
                <head TEIform="head">The Great Transformation II</head>
                <p TEIform="p">Globalization is changing the conditions under which all countries and societies are 
                integrated into world politics and the world economy. Among human rights activists 
                and some human rights scholars, there is a debate about whether globalization is 
                "good" or "bad" for human rights. Peter Schwab and Adamantia Pollis, for example, 
                focus only on the negative aspects of globalization, stating "Clearly globalization 
                    has had a deleterious effect on the entire complex of human rights" <ref target="Hassmann.Transformation.SchwabPPollisA2000" TEIform="ref">(2000, 217).</ref> I 
                suggest that this debate is a false one. The issue is not whether globalization is a 
                "thing" out of control, eating up traditional societies, local values, and local 
                economies. This is inevitable. Globalization cannot be stopped, and its forces will 
                undermine what is left of purely local societies. The issue is the kinds of changes 
                that globalization is likely to bring about in the long, as well as in the medium 
                and short terms, and how societies and individuals will react to those changes. To 
                argue whether globalization as a process is "good" or "bad" is as irrelevant as 
                arguing whether the transition from an agrarian to an industrial society in the 
                Western world from the eighteenth to the twentieth century was good or bad. Many 
                complex social changes occurred: some economies were strengthened, some were 
                weakened. Some states rose, some fell. Some social classes and categories benefited, 
                others sank into oblivion.</p>
                
                <p TEIform="p">Globalization is not only inevitable; it is, despite all its costs, the only path to 
                long-term growth. As Amartya Sen has stated, "The one solution [to the problems 
                caused by globalization] that is not available is that of stopping global trade and 
                    economics" <ref target="Hassmann.Transformation.SenA1999" TEIform="ref">(1999, 240)</ref>. "The countries that change the least", notes <title level="m" TEIform="title">The Economist</title> (9 November 2002), "where the costs of growth are 
                closest to zero, are those where poverty and disease are worst." There are, 
                nevertheless, many and severe short-term costs on the path to medium or long-term 
                growth. One solution that may partially alleviate the problems caused by 
                globalization is the "leap-frogging" of human rights across time and space, as 
                discussed below. The global human rights regime, and the global human rights 
                process, can perhaps remedy some of the dangers of the global economic system.</p>
                
                <p TEIform="p">Undoubtedly, however, the process of globalization is creating room for human rights 
                    abuses in the short term, some of them very severe (<ref target="Hassmann.Transformation.McCorquodaleRFairbrotherR1999" TEIform="ref">McCorquodale and Fairbrother 
                        1999</ref>; <ref target="Hassmann.Transformation.OlokaOnyangoJUdagamaD2000" TEIform="ref">Oloka-Onyango and Udagama 2000</ref>). Before presenting my argument, therefore, I 
                wish to make clear my personal position on the human rights abuses caused by 
                globalization. I believe that in the short as well as the medium and long terms 
                every effort ought to be made to ensure that everyone enjoys her or his full range 
                of human rights, including economic rights. I do not believe that present 
                generations should be told that they must suffer for the sake of future generations. 
                More pragmatically, I would like to see a world in which every policy change meant 
                to promote globalization was obliged to adhere to the principle that the poorest not 
                be rendered even worse off. This obligation would require that states, international 
                organizations, and multinational and national corporations submit all policies that 
                promote globalization to a "human rights filter," that especially focuses on 
                    economic rights.<note n="1" TEIform="note">For example, such a "filter" is part of the mandate of the 
                        Inspection Panel, which considers the environmental impact of <term target="OR.0040" n="1" TEIform="term">World Bank</term> projects. 
                        See <ref target="Hassmann.Transformation.FoxJ2002" TEIform="ref">(Fox 2002)</ref>
</note>  Therefore, I fully support all efforts to protect individuals 
                from human rights abuses consequent on globalization. I am particularly concerned 
                    that the pace of change be controlled, and "shock treatments" (see <ref target="Hassmann.Transformation.StiglitzJE2002" TEIform="ref">Stiglitz 2002</ref>) 
                not be imposed by international institutions on societies not able to absorb the 
                shock. As Sen argues, "In the context of economic disparities, the appropriate 
                response has to include concerted efforts to make the form of globalization less 
                destructive of employment and traditional livelihood, and to achieve gradual 
                    transition" <ref target="Hassmann.Transformation.SenA1999" TEIform="ref">(1999, 240)</ref>. The following analysis is meant to address the possible 
                long-range human rights outcome of globalization. It is not to suggest in any way 
                that legal activists, members of civil society, and others who point out its human 
                rights abuses in the short term should cease their activities. In contrast, the 
                following analysis is meant to persuade readers that in the long run, globalization 
                may well create a world of increased prosperity, democracy, and protection of human 
                rights.</p>
                
                <p TEIform="p">Karl Polanyi wrote <title level="m" TEIform="title">The Great Transformation</title>  <ref target="Hassmann.Transformation.PolanyiK1944" TEIform="ref">(1944)</ref> to 
                explain the economic, social and political changes that occurred in Europe, 
                particularly Britain, from the end of the eighteenth century to the Second World 
                War. During this period of about 160 years, the way people lived was radically 
                transformed. Peasants became artisans, industrialists, members of the proletariat; 
                they migrated from villages to cities; and they moved from closed, church-based 
                societies to open, secular <term target="CO.0053" n="1" TEIform="term">communities</term>. Most important to Polanyi was the newness of 
                a society based only on gain, and the very rapid end of the "social," in which 
                mankind had previously always been embedded. Market relations took over from the 
                relations of reciprocity and redistribution which had previously regulated social 
                life. Land had been the basis not only of peasants' economic security but also of 
                their feeling of connection to the places and communities of their birth. It now 
                became a commodity to be used by landlords as they saw fit, even if such use meant 
                expulsion of the peasants. A society in which all members had relations of 
                obligation and reciprocity to all others gave way to one in which individuals in 
                their different roles were cut off from each other, and related to each other only 
                    within the marketplace <ref target="Hassmann.Transformation.DurkheimE1933" TEIform="ref">(Durkheim 1933)</ref>.</p>
                
                <p TEIform="p">What is happening now is the <emph TEIform="emph">second great transformation</emph>. Globalization 
                is the final assault of capitalism on all those areas of the globe that previously 
                escaped it, either because of explicit communist or socialist politics, because of 
                national policies of protectionism or withdrawal from the world economy, or because 
                capitalism had no interest in the region as a source of capital or resources, a 
                source of workers, or a market. All over what was formally the non-capitalist, or 
                    only partly capitalist worlds — what <term target="PR.0019" n="1" TEIform="term">Immanuel Wallerstein</term> <ref target="Hassmann.Transformation.WallersteinIM1974" TEIform="ref">(1974)</ref> called the 
                peripheral and semi-peripheral parts of the world — the social is giving 
                way to the profit motive, as it did in Western Europe two centuries ago. Those with 
                power over ordinary people no longer feel any sense of obligation to them. As 
                Zygmunt Bauman puts it, the multinational corporations that are symbols of 
                globalization are the new absentee landlords, foreign investors without obligation 
                to their local employees or their local suppliers, and certainly without obligations 
                to the local communities in which they make investments. There is, he says, a 
                "disconnection of power from obligations"; the investors enjoy "freedom from the 
                    duty to contribute to daily life and the perpetuation of the community" <ref target="Hassmann.Transformation.BaumanZ1998" TEIform="ref">(1998, 9)</ref>.  
                In former times in the West, and in local, peasant, pre-industrial societies 
                elsewhere during the present era, landlords and notables sometimes ensured that 
                minimum economic security was provided for all, by controlling distribution of land 
                and by storing food in anticipation of shortages. This security is now long gone. 
                Likewise, in the former Communist world, policies that protected the minimum needs 
                of "the people" to housing, food,  and health care are giving way to policies that 
                    deny economic rights.<note n="2" TEIform="note">Protection of these economic rights was, however, always dependent 
                        on political conformity, and the capacity to escape the auto-genocidal policies of 
                        communist dictatorships. On the 100 million people killed by their own governments 
                        in the Soviet Union, China and other communist countries, see <ref target="Hassmann.Transformation.CourtoisSWerthNPanneJLPaczkowskiABartosekKMargolinJL1999" TEIform="ref">(Courtois et al 1999)</ref>. 
                        Moreover, in the Soviet Union housing and health care were very poor quality 
                        <ref target="Hassmann.Transformation.EberstadtN1990" TEIform="ref">(Eberstadt 1990)</ref>.</note>  These policies make economic security dependent on 
                individuals' and families' capacities to find scarce employment, obtain insecure 
                property rights, or invest in erratic and incalculable international capital 
                markets. In much of the former "Third World," the social — as characterized 
                by kin-based village societies and by personalized kadi-based systems of justice 
                — is also giving way to urbanization and the rules of authoritarian 
                    bureaucracies.<note n="3" TEIform="note">Max Weber <ref target="Hassmann.Transformation.WeberM1946" TEIform="ref">(1946)</ref> used the term "kadi" to describe informal systems 
                        of justice in which individuals approached local notables for assistance and 
                        justice. This type of justice persists in countries such as Saudi Arabia and 
                        Afghanistan, in which princes or warlords periodically make themselves available to 
                        ordinary people who are experiencing difficulties.</note>  The protections of <term target="CO.0049" n="1" TEIform="term">belonging</term>, to however materially poor the 
                community, are giving way to urban anomie, the feeling that no one cares, no one is 
                there to help, no one knows who you are. The place of one's origin — both 
                the physical location and one's place in the status hierarchy — is no 
                longer the place where one can rely on communal assistance. In the former "second" 
                (communist) and "third" worlds, billions of people are experiencing what Polanyi 
                    called an "avalanche of social dislocation" <ref target="Hassmann.Transformation.PolanyiK1944" TEIform="ref">(1944, 40)</ref>.</p> 
                
                <p TEIform="p">Globalization is defined by Malcolm Waters as "a social process in which the 
                constraints of geography on social and cultural arrangements recede and in which 
                    people become increasingly aware that they are receding" <ref target="Hassmann.Transformation.WatersM1995" TEIform="ref">(1995, 3)</ref>. In agreement 
                    with Waters, Bauman <ref target="Hassmann.Transformation.BaumanZ1998" TEIform="ref">(1998)</ref> argues that the present era is, in effect, the "end of 
                geography." Held, McGrew and their colleagues offer a similar definition: 
                globalization is "a process (or set of processes) that embodies a transformation in 
                the spatial organization of social relations and transactions, generating 
                transcontinental or interregional flows and networks of activity, interaction, and 
                    power" <ref target="Hassmann.Transformation.HeldDMcGrewA1999" TEIform="ref">(1999, 483)</ref>. These authors are correct to draw attention to social and 
                cultural arrangements. The information explosion, the worldwide reach of mass media, 
                and ease of communications certainly do affect cultures. Similarly, ease of travel, 
                migration, and circulation among ancestral and new homes change social arrangements. 
                Nevertheless, the chief impetus and beneficiary of globalization is capitalism. 
                Capitalist production is expanding throughout the world. As Michael Hardt puts it, 
                    "capital in some sense mediates all forms of production" <ref target="Hassmann.Transformation.HardtM2001" TEIform="ref">(2001, 2)</ref>. Capitalism is 
                the economic system behind new technologies of information and communication, behind 
                unprecedentedly large and quick capital flows, and behind the capacity of 
                transnational corporations to spread all over the world. George Soros makes this 
                point in his own definition of globalization as "the free movement of capital and 
                the increasing domination of national economies by global financial markets and 
                    multinational corporations" <ref target="Hassmann.Transformation.PurdyJ2002" TEIform="ref">(quoted in Purdy 2002, 143)</ref>. In 1997, Jeffrey Sachs 
                pointed out that whereas twenty years earlier, only about 20 percent of the world's 
                population had been living under capitalism (the rest living either under command 
                socialism or in countries attempting to combine capitalism and socialism), the 
                    percentage had increased to ninety <ref target="Hassmann.Transformation.FalkR1999" TEIform="ref">(cited in Falk 1999, 141)</ref>. As societies hitherto 
                outside the capitalist fold adopt a capitalist mode of production, many social 
                changes occur.</p>
                
                <p TEIform="p">Anthony Giddens <ref target="Hassmann.Transformation.GiddensA2003" TEIform="ref">(2003)</ref> quotes Archbishop Wulfstan who, in a sermon in the English 
                city of York in 1014,  said "The world is in a rush, and is getting close to its 
                    end." This is the reaction of many people to the current era. As Bauman <ref target="Hassmann.Transformation.BaumanZ1998" TEIform="ref">(1998)</ref> puts 
                it, globalization is a sense of "things getting out of hand". Integration of the 
                "rest" of the world — Asia, Africa, and Central and Latin America 
                — into the global economy has been occurring at least since the Second 
                World War and has been dramatically speeded up by globalization. Russia and the 
                ex-Soviet "transitional" societies are also now being integrated into the world 
                economy, several decades later than would have happened had they moved from peasant 
                to capitalist modes of production in the early twentieth century. The leaders of 
                China in 1979 decided to adopt a controlled capitalism. All these societies want to 
                catch up for lost time. They hope that by joining the world capitalist economy, 
                their own standards of living and political and social arrangements will improve.</p>
                
                <p TEIform="p">These manifold changes impel a human rights debate. Will globalization improve or 
                undermine individuals' access to economic benefits? Will it improve or undermine the 
                state of civil and political rights? There is no necessary connection between 
                globalization and improved conditions, nor between globalization and deteriorating 
                conditions. To understand the second Great Transformation, we must look at the 
                interactions among economic and social change, political organization, and social 
                movements.</p>
                </div>
                <div n="3" TEIform="div">
<head TEIform="head">Time Frames</head> 
                <p TEIform="p">Investments by transnational corporations are frequently used in the political 
                debate as a proxy for globalization. Thus, McCorquodale and Fairbrother argue that 
                "The apparent universal market and demand for a product which is… produced 
                by a transnational corporation, could be seen as a manifestation of new 
                opportunities provided by globalization," but they then caution that "the impacts of 
                the universal market… could indicate the dangers in this process of 
                    globalization" <ref target="Hassmann.Transformation.McCorquodaleRFairbrotherR1999" TEIform="ref">(1999, 735)</ref>. Opponents to globalization realize that the worldwide 
                integration of the economic system is its defining characteristic. 
                In 1996 and 1999, <title level="m" TEIform="title">Human Rights Quarterly</title> published a debate 
                about the relationship between globalization and human rights. The relevant 
                variables in this debate were foreign investment by multinational corporations 
                (representing globalization) and civil and political rights (representing human 
                    rights). William H. Meyer <ref target="Hassmann.Transformation.MeyerW1996" TEIform="ref">(1996)</ref> investigated two contrasting theses. The first 
                    thesis, as exemplified by the early work of Daniel Lerner <ref target="Hassmann.Transformation.LernerD1958" TEIform="ref">(1958)</ref>, was that 
                multinational investment is an "engine of development." It promotes economic rights 
                through investment and job creation, and civil and political rights through the 
                creation of a stable and tolerant environment. The second thesis was that 
                multinational investment causes underdevelopment. Meyer referred to this proposition 
                as the Stephen Hymer thesis. The "Hymer thesis" refers to an article that was very 
                influential among adherents of the Marxist and dependency schools of thought in the 
                    1970s. Hymer <ref target="Hassmann.Transformation.HymerS1982" TEIform="ref">(1982)</ref> argued that foreign investment undermines national development 
                and—by extrapolation—subsequent improvements in human rights. Meyer used 
                quantitative data about fifty-two countries in 1985 and twenty-nine countries in 
                1990 to investigate the relationship between transnational corporate (TNC) 
                investment and human rights, assuming "a time lag of roughly two to three years 
                    between the determinants and the level of human rights" <ref target="Hassmann.Transformation.MeyerW1996" TEIform="ref">(Meyer 1996, 390)</ref> He 
                compared levels of direct US foreign investment and foreign aid to levels of civil 
                liberties and political rights in recipient countries, as ranked by Freedom House, 
                and to quality of life indicators, namely life expectancy at age one and rates of 
                adult illiteracy rate and infant mortality. Over this very short time period, he 
                argued, there was an improvement in human rights in countries receiving significant 
                foreign investment. "[T]he presence of multinational corporations 
                [MNCs]…[was] <emph TEIform="emph">positively</emph> associated with political rights and 
                civil liberties as well as with economic and social rights in the third world" 
                    (<ref target="Hassmann.Transformation.MeyerW1996" TEIform="ref">ibid., 368</ref> emphasis in original). This finding, he said, confirmed the thesis that 
                multinational investment was an engine of development. He did not, however, propose 
                why this change might have occurred. Nor did Meyer attempt an explanation in a later 
                volume. He noted only "We need to be clear on the good done by MNCs, as well as the 
                    bad" <ref target="Hassmann.Transformation.MeyerW1998" TEIform="ref">(1998, 213)</ref>. </p>
                
                <p TEIform="p">Meyer very generously gave a colleague, Jackie Smith, access to his data. She then 
                re-analyzed it, comparing it with her own study. Rather than rely on data about 
                civil and political liberties from Freedom House, which some critics consider to be 
                biased against communist countries, Smith chose data from Amnesty International and 
                the US State Department. She also used World Bank data on direct foreign investment 
                from all countries, not only from the United States. Smith found that foreign 
                investment did not promote civil and political rights. Rather, Smith concluded that 
                there was "little relationship between DFI [direct foreign investment] and political 
                and civil rights practices….The factors that seem to have a much stronger 
                and consistent impact on a government's human rights practices relate to more 
                    general structural factors, namely GNP per capita and levels of public debt" <ref target="Hassmann.Transformation.SmithJBolyardMIppolitoA1999" TEIform="ref">(Smith, 
                Bolyard, and Ippolito 1999, 218)</ref>. In response, Meyer argued that different data could 
                generate different results, and that "at the level of aggregate cross-national 
                    studies, the empirical evidence linking MNCs to human rights is mixed" <ref target="Hassmann.Transformation.MeyerW1999" TEIform="ref">(1999, 222)</ref>. 
                Moreover, he noted, the aggregate level of analysis implied by statistical 
                correlations simply could not be transferred to the level of analysis of the 
                individual case, Smith and her colleagues had referred to several cases, such as 
                investment by Shell Oil in Nigeria's Ogoniland, to point out the intuitive 
                unreliability of Meyer's original thesis. </p>
                
                <p TEIform="p">In this debate, Meyer and Smith both relied on the assumption that a relationship 
                between globalization and human rights could be determined by data spanning a very 
                few years. Without implying disrespect for the important and instructive 
                quantitative evidence generated by these scholars, I want to argue that the ultimate 
                relationship between globalization and human rights cannot be predicted over such a 
                short time span. The first Great Transformation lasted about 200 years. The 
                ancestors of Westerners who presently live in comparative prosperity suffered many a 
                bumpy road between their peasant past and their urban present, even among those who 
                were fortunate enough never to know along the way war, genocide, or other such 
                drastic misfortunes. The consequences for human rights of enormous social upheaval 
                cannot be determined in the short run. </p>
                
                <p TEIform="p">Better, then, to look to the medium to long term to try to ascertain the effects of 
                globalization on human rights. The long term is too long for adequate academic 
                prediction; it is a century or two into the future. The medium term might be more 
                reachable. It permits us to look back to the more recent past to analyze social, 
                political, and economic changes that have occurred as a result of what we now call 
                globalization. South Korea provides a model of almost complete transition from a 
                peasant to an urban society, from a dictatorship to a democracy, over a period of 
                    fifty years. <note n="4" TEIform="note">For an analysis of the South Korean case, see <ref target="Hassmann.Transformation.DonnellyJ1989" TEIform="ref">(Donnelly 
                        1989)</ref>.</note>  China shows the very rapid transition from a collectivist, command 
                economy to an individualist, entrepreneurial economy within the space of twenty 
                years (since the turn to regulated capitalism in 1979), but with a 
                party-bureaucratic dictatorship still in place. In former Eastern Europe and the 
                Russian Empire, there are multiple examples of greater and lesser success in 
                integrating into the world capitalist system, and in adopting democracy, since 1989. </p>
                
                    <p TEIform="p">Democracy here stands as a substitute for human rights. Both Jack Donnelly <ref target="Hassmann.Transformation.DonnellyJ1999" TEIform="ref">(1999)</ref> 
                        and Michael Freeman <ref target="Hassmann.Transformation.FreemanM2000" TEIform="ref">(2000)</ref> have warned that political democracy does not necessarily 
                imply protection of human rights. Democratic rule can result in majoritarian rule, 
                undermining the rights of minorities or of racially distinct groups, as in the 
                all-white "democracy" of South Africa during the apartheid era or as in Israel at 
                present. Majoritarian democracy can also undermine the rights of women, as in a 
                Bahamian referendum in 2002 in which voters decided against granting children born 
                of Bahamian mothers and foreign fathers the same <term target="CO.0029 " n="1" TEIform="term">citizenship</term> rights as children born 
                of Bahamian fathers and foreign mothers. Nevertheless, modern democratic states 
                buttressed by the rule of law and by a civic culture of activism and political 
                freedom are more likely than any other type of political system to protect human 
                rights. And this is precisely the point. Democratic principles of government, the 
                rule of law, and a civic culture took centuries to emerge in Western Europe and 
                North America, with intervening episodes of dictatorship and fascism. Until well 
                into the twentieth century, what are now known as human rights were systematically 
                denied to the vast majority of Westerners. Rights-based liberal democratic societies 
                certainly did not emerge through some easy, predictable and inevitable coincidence 
                of capitalism and rights.</p>
                
                <p TEIform="p">A perfectly detached social scientist might argue that there is no need to look to 
                either the short or the medium term to ascertain the relationship between 
                globalization and human rights. The eventual outcome of the Industrial Revolution 
                could certainly not have been predicted in Europe in 1780. So too the outcome of 
                globalization cannot be predicted anywhere in the world in the early twenty-first 
                century. But such a social scientist would not have taken account of globalization's 
                    capacity to "speed up the world" <ref target="Hassmann.Transformation.HeldDMcGrewA1999" TEIform="ref">(Held and McGrew 1999, 484)</ref>. Economic policies 
                change quickly with international institutions such as the World Bank to guide the 
                changes, and foreign consultants available to teach the rules and practices of 
                    capitalism to willing policy makers and entrepreneurs.<note n="5" TEIform="note">The disastrous "shock treatment" transformation of the Soviet Union 
                        from communism to Mafia-style capitalism was a consequence of advice both from the 
                        international financial organizations and from independent — and quite 
                        entrepreneurial – consultants <ref target="Hassmann.Transformation.StiglitzJE2002" TEIform="ref">(Stiglitz 2002)</ref>.</note>  Political changes are 
                guided by constitutional and legal consultants. Social changes are influenced by 
                international and transnational social movements, which strive to protect and 
                promote human rights at the very time that powerful political and economic forces 
                undermine them.</p>
                
               <p TEIform="p"> Assuming that the rest of the world may someday be in the same fortunate position as 
                the West, enjoying a relatively rights-protective society, it may not be necessary 
                to wait 150 or 200 years to achieve such a happy state. Medium term analysis does 
                seem possible. Perhaps some of the more economically successful post-Communist 
                countries, such as Hungary or Poland, will soon provide evidence of "short" 
                medium-term change, of 15 or 20 years. Certainly, in the period of extremely rapid 
                communications, capital transfers, and even transfers of material goods, the medium 
                term may turn out to be much shorter than in the past. </p>
                
                <p TEIform="p">Even so, it is unwise to think that the benefits of democracy, the rule of law, and 
                a human rights culture will normally be reaped in the short or medium term. In most 
                societies entering the world capitalist economy, there will be severe social 
                disruption, and much exploitation of (newly available) labour, including, but by no 
                means confined to, female and child labour. In the 1980s, the wages of young women 
                workers in the export-processing zones of Asia and Latin America were frequently so 
                    low that they did not earn enough to meet their basic needs <ref target="Hassmann.Transformation.ShoesmithD1986" TEIform="ref">(Shoesmith 1986)</ref>. Nor 
                will such a phenomenon be confined to Western or Northern exploitation of the 
                non-Western or Southern worlds. Capitalists from the former Third World are as 
                capable as were the early English industrialists of exploiting their own workers, 
                even to the point of severe personal injury. In some Asian-owned factories in China 
                in the 1990s, workers were subject to corporal punishments, and often suffered 
                industrial amputations, because of non-existent health and safety regulations. 
                Taiwanese, Hong Kong, and South Korean capitalists conspired with the Party-state 
                    against Chinese workers <ref target="Hassmann.Transformation.ChanA1998" TEIform="ref">(Chan 1998)</ref>. Mexican entrepreneurs take advantage of their 
                proximity to the US to employ women workers in severely abusive conditions, prying 
                into the most personal biological details of the women's lives to extract the 
                    maximum amount of profit <ref target="Hassmann.Transformation.KopinakK1995" TEIform="ref">(Kopinak 1995)</ref>. States and TNCs often collude in denying 
                rights to their citizens. </p>
                
                    <p TEIform="p"> In this respect, Donnelly's <ref target="Hassmann.Transformation.DonnellyJ1998.a" TEIform="ref">(1998)</ref> injunction to scholars to view States as 
                protectors of the human rights of their citizens in the new globalized world, rather 
                than as violators of their citizens' rights, seems slightly idealistic. It is true, 
                as Beetham puts it in agreement with Donnelly, that "nation-states remain for the 
                foreseeable future the necessary instruments for the provision of security and 
                   welfare for their citizens" <ref target="Hassmann.Transformation.BeethamD1998" TEIform="ref">(1998, 65)</ref>. Although sovereignty may be eroding as 
                nations sign on to international agreements, international bodies possess no 
                enforcement powers when it comes to human rights. Nevertherless, whether their 
                powers derive from local or from global political and economic relations, 
                non-democratic States are run by elites who act in their own interests. They are no 
                more likely to protect their citizens' interests against foreign exploiters than 
                they were to protect them against local exploiters. Thus also, the recent, romantic 
                stress on the "local" as "the radical other" opposed to the "global" is far-fetched 
                   <ref target="Hassmann.Transformation.DirlikA2001" TEIform="ref">(Dirlik 2001)</ref>. Without (international) standards and practices of human rights, the 
                autonomy of the local does not protect human rights; it merely protects local 
                elites. </p>
                
                <p TEIform="p">Whether for good or ill in human rights terms, however, social relations will change 
                in the new global society. Societies will become more fluid; individuals will be 
                more mobile, social norms will change, and traditional roles will give way to new 
                ideas of how to behave. There will be new relations between the sexes. Persons 
                formerly holding authority will find they are unheeded, while hitherto disreputable 
                individuals will gain credence as role models in a new entrepreneurial world. Guns 
                and drugs will be considered as legitimate objects of exchange, much as they were 
                during the great European expansionist period of colonization. Some people will be 
                confused by these changes, and long for a simpler time with a stricter normative 
                order. Among them, some will — and do — fight viciously to retain 
                the older world from which they are being so abruptly torn. In such situations of 
                flux, there will be no necessary short or medium-term correlation between the 
                processes of globalization and the entrenchment of human rights, either positive or 
                negative. Nor will there necessarily be such connections in the long term. As is 
                shown below, no simple model of correlations can predict the human rights future. </p>
                
                </div>
            <div n="4" TEIform="div">
                <head TEIform="head">Simple Models of the Relationship between Globalization and Human Rights</head> 
                
                <p TEIform="p">Both proponents and opponents of globalization appear to rely on relatively simple 
                models of the relationship between the two.</p>
                <div n="4.1" TEIform="div">
<head TEIform="head">Globalization and Human Rights: A Positive Relationship</head> 
                        <p TEIform="p">A simple model of a positive relationship between globalization and human rights 
                        posits that globalization inevitably produces human rights. This relationship seems 
                        to be what much of the positive rhetoric around globalization refers to. Nothing has 
                        to be done by social actors to promote human rights in societies experiencing 
                        globalization: human rights will "emerge," as societies globalize. In his time, 
                            Polanyi <ref target="Hassmann.Transformation.PolanyiK1944" TEIform="ref">(1944, 29)</ref> referred to a similar "utopian endeavor of economic liberalism to 
                        set up a self-regulating market system," in the belief that a free, self-regulated 
                        market would necessarily result in liberal democracy and peace. This rhetoric is 
                        non-academic, positing that simple contact among societies will result in a merging 
                        of social values, without specifying what kind of contact, among which social 
                        actors, can result in such positive, rights-inducing changes. There was and is, 
                        however, an underlying belief that wealthier societies are necessarily more likely 
                        to protect human rights than poorer societies.</p>
                        
                        <p TEIform="p">The thesis that globalization causes human rights via increased wealth resembles the 
                        "engines of development" model discussed by Meyer. Globalization develops an 
                        economy: that is, it increases its wealth. Wealthier societies are more likely to 
                        protect human rights than poorer societies. This is also the model about which Meyer 
                        and Smith and her colleagues debated, using TNC or MNC investment as a proxy for 
                        globalization.</p>
                        
                        <p TEIform="p">A version of this model is the notion of "trickle-down" wealth creation. Whatever 
                        the short-term costs to the poor, in the medium term the wealth accrued by the rich 
                        will trickle down to them. During the early stages of urbanization and 
                        industrialization in the first Great Transformation in Western Europe, however, 
                        wealth did not trickle down in a steady fashion. Thus, in Britain, the Speenhamland 
                        laws were introduced in the late eighteenth century to provide minimum sustenance to 
                            the new poor <ref target="Hassmann.Transformation.PolanyiK1944" TEIform="ref">(Polyani 1944)</ref>. In 1834, the Speenhamland Laws were abolished. 
                        Accordingly, the new poor did not overcome their miserable situation until they 
                        achieved, first, the universal male franchise and then the right to form trade 
                        unions. The period 1834-1895 was one of horrific poverty in the midst of great 
                            wealth, the kind of poverty that preoccupied Marx and Engels (<ref target="Hassmann.Transformation.MarxKEngelsF1888" TEIform="ref">Marx and Engels 1888/1967</ref>; <ref target="Hassmann.Transformation.EngelsF1872" TEIform="ref">Engels 1872/1972</ref>) and persuaded them of the need for working men's associations, 
                        if not socialist revolution. Minimum welfare provisions — what we now call 
                        economic rights — were not widespread in Britain until after the Second 
                        World War. This reading of history suggests the need for a model of the relationship 
                        between globalization and human rights that takes account of political variables.</p>
                        
                        <p TEIform="p">A still more complicated version of the optimistic logic about the relationship 
                        between globalization and human rights specifies the intervening variables between 
                        wealth and human rights. Globalization opens up markets; markets are the basis of 
                        the liberal economic order; the liberal economic order is the basis of democracy; 
                        democracy is the basis of human rights. Again, however, there is no necessary 
                        causation here. Markets can result in a liberal economic order —or, as 
                        proponents of global trade suggest, a liberal economic order can open up markets. To 
                        enforce their populations' acceptance of these markets, States can and do impose 
                        authoritarian rule. Populations used to having their own internal markets protected 
                        can erupt easily in rebellion when their local markets are taken over by foreign 
                        produce, leaving many local producers unemployed. State elites who profit from those 
                        new markets — or who, against their better judgment, are forced to 
                        acquiesce to outside market pressures, may well respond with force.</p>
                </div>
                    <div n="4.2" TEIform="div">
                        <head TEIform="head"> Globalization and Human Rights: A Negative Relationship</head> 
                       <p TEIform="p"> It is because of the complicated and highly political nature of the relationship 
                        between globalization and human rights that the antiglobalization social movement 
                        has emerged. The antiglobalization movement posits an opposite model of the 
                        relationship between globalization and human rights. In simplest terms, it is 
                        axiomatic to many of its opponents that globalization undermines human rights. </p>
                        
                        <p TEIform="p">In this model, globalization can have only negative social, political, and economic 
                        effects. People are more likely to enjoy their human rights if they live in a 
                        locally, rather than globally-controlled environment. To use a phrase coined by J. 
                            Oloka-Onyango and Sylvia Tamale, globalization is "survival of the meanest" <ref target="Hassmann.Transformation.OlokaOnyangoJTamaleS1995" TEIform="ref">(1995, 
                                727)</ref>. Put another way, says Anthony Giddens <ref target="Hassmann.Transformation.GiddensA2003" TEIform="ref">(2003)</ref>, this view of globalization would 
                                    argue that it results not in a global village but in global pillage.<note n="6" TEIform="note">The term "global village" is from McLuhan <ref target="Hassmann.Transformation.McLuhanM1962" TEIform="ref">(1962, 31)</ref>.</note> This is how 
                        <title level="m" TEIform="title">The Economist</title> (7 November 2002) accuses the Canadian 
                        antiglobalization crusader, <term target="PR.0001 " n="1" TEIform="term">Naomi Klein</term>, of seeing the world. In this view, 
                        globalization is a zero-sum game, which human actors, namely Western capitalists and 
                        Western political leaders, have invented for their own benefit. These actors use 
                        international organizations such as the <term target="OR.0031 " n="1" TEIform="term">World Trade Organization</term> as agencies of 
                        "unofficial global government enforcing a corporate agenda" on States and citizens 
                                    who cannot defend themselves against economic attack (<ref target="Hassmann.Transformation.GriersonBLasnKMacKinnonJ1999" TEIform="ref">Grierson, Lasn and MacKinnon 
                                        1999/2000</ref>; see also <ref target="Hassmann.Transformation.GouldE2000" TEIform="ref">Gould 2000</ref>). Thus the "local," the concrete, physical 
                        <emph TEIform="emph">place</emph> of human happiness and economic security, must be defended 
                                    against the ethereal <emph TEIform="emph">space</emph> of uncontrollable global change <ref target="Hassmann.Transformation.DirlikA2001" TEIform="ref">(Dirlick 
                        2001)</ref>.</p>
                        
                        <p TEIform="p">Opponents of globalization insert de-development rather than wealth as the 
                        intervening variable between globalization and human rights. The concept of 
                        development includes the idea that growth must be accompanied by human rights, as 
                        the United Nations proposed as long ago as 1986 in its Declaration on the Right to 
                        Development. This Declaration defines development as "an inalienable human right by 
                        virtue of which every human person and all peoples are entitled to participate in, 
                        contribute to and enjoy economic, social, cultural and political development, in 
                            which all human rights and fundamental freedoms can be fully realized" <ref target="Hassmann.Transformation.MadrikJ1997" TEIform="ref">(quoted in 
                        Madrik 1997)</ref>. This definition of development implies equitable distribution of 
                        wealth, ecologically sound investment (sustainable development), and 
                        non-exploitative social relationships, such as co-operative rather than 
                        profit-oriented production.</p>
                        
                        <p TEIform="p">The United Nations definition of development is logically redundant, and moreover is 
                        superfluous, diverting attention from the much more powerful and concrete earlier (1966) Covenants on Civil and Political, and Economic, Social and Cultural Rights. 
                        Nevertheless, the Declaration serves as a powerful rallying cry for individuals and 
                        peoples (including the South) to oppose the disruptive forces of globalization. Its 
                        opponents assume that by its very nature globalization will undermine development, 
                        not promote it. In this view, equitable distribution of wealth, sustainable 
                        development, and non-exploitative social relationships are irrelevant to the process 
                        by which international (especially American) capitalism make profits. 
                        Globalization's enemies assume that without their opposition, the social changes and 
                        political processes induced by globalization will be such as to further the 
                        interests of the already rich and powerful.</p>
                        
                        <p TEIform="p">Opponents of globalization focus on the detrimental short and medium-term 
                        consequences of the spread of capitalism for many hundreds of millions of people. 
                        Although capitalism is the only known mode of production that results in a 
                        significant increase in the wealth of a society, such an increase does not in and of 
                        itself imply more equitable distribution of resources. Nor does it imply that social 
                        interactions will be non-exploitative. Usually, but not always, early capitalism 
                        implies the opposite. Moreover, the new form of capitalism of the late 
                        twentieth-century, focusing on finance capital rather than on industrial investment, 
                        seems to have radically increased the level of inequality in the world. In 1999 the 
                        United Nations' <title level="m" TEIform="title">Human Development Report</title> reported that 
                            the richest 20 percent of the world controlled 86 percent of the world's gross 
                            domestic product, while the poorest 20 percent controlled only 1 percent (cited by 
                            Jeff Madrick in <title level="m" TEIform="title">New York Review of Books</title> 31 May 2001). In 
                            1988 the income ratio of the world's richest 5 percent to the world's poorest 5 
                            percent was 78:1; by 1993 it had widened to 114:1 (UNRISD News Spring/Summer 2000).</p>
                            
                            <p TEIform="p">It appears that globalization is forcing onto an unwilling world the conditions of 
                            early Western European capitalism, ignoring the <term target="CO.0018 " n="1" TEIform="term">international human rights laws</term> that 
                            now prohibit those conditions. According to Richard Falk, neo-liberal capitalism is 
                            characterized by "liberalization, privatization, minimizing economic regulation, 
                            rolling back welfare, reducing expenditure on public goods, tightening fiscal 
                            discipline, favouring freer flows of capital, strict controls on organized labor, 
                                tax reductions, and unrestricted currency repatriation" <ref target="Hassmann.Transformation.FalkR1999" TEIform="ref">(1999, 2)</ref>. Falk's 
                            description fits the picture of the conditions often imposed by the International 
                                Monetary Fund (IMF) on borrowing countries <ref target="Hassmann.Transformation.StiglitzJE2002" TEIform="ref">(Stiglitz 2002)</ref>. In effect, the IMF 
                            imposes these conditions without regard for the immorality implicit in forcing 
                            non-Western, mostly non-white human beings of the late twentieth and early 
                            twenty-first centuries to live in conditions known to have been intolerable in the 
                            white West two centuries ago. Moreover, gross material inequalities are more likely 
                            to impede than to facilitate change in the direction of a democratic and 
                            rights-protective society. Balanced economic development, accompanied by an attempt 
                            to provide basic economic rights, is more likely to result in simultaneous increase 
                                in protection of civil and political rights <ref target="Hassmann.Transformation.AratZF1991" TEIform="ref">(Arat 1991, 103)</ref>. </p>
                            
                            <p TEIform="p">Globalization's opponents do tend to exaggerate its detrimental consequences, 
                            however. The spread of capitalism results in uneven social change. Many millions of 
                            individuals benefit from new job opportunities, new markets, and a new capacity for 
                            mobility, whether from the village to the town or from China to the United States. 
                            Giddens claims that between 1980 and 1994 the global labour force grew by 630 
                                million, "far outstripping population growth" <ref target="Hassmann.Transformation.GiddensA2000" TEIform="ref">(2000, 125)</ref>.<note n="7" TEIform="note">Giddens cites no source for these figures, however.</note>
                                 Even for the poorest 
                            society, the eventual outcome of globalization is not necessarily negative, even in 
                            the short term. Social activists who oppose or try to stem globalization fight a 
                            rear-guard action that, if successful, could deprive hundreds of millions of poor 
                            people of new and profitable economic opportunities. Still these opportunities would 
                            not necessarily mean that these poorer societies would become more 
                            rights-protective.</p>
                            
                            <p TEIform="p">How then, does a society change from a global system of capitalism that results in 
                            deep inequalities and social exploitation, to a system than promotes relatively 
                            equal social relationships and a relatively equal distribution of wealth? The first 
                            answer to this question is that such a change is not inevitable. If it does occur, 
                            it will occur because of multiple changes —some economic, some political or 
                            legal, some social — that may result from globalization. Below, I suggest a 
                            model of such social change, adopting as my starting point the one suggested by both 
                            Meyer and Smith, namely, multinational investment.</p>
                    </div>
            </div>
            <div n="5" TEIform="div">
                            <head TEIform="head">Complex Models of the Relationship between Globalization and Human Rights</head>
            
                            <p TEIform="p">In the models presented below, I follow Meyer and Smith in using investment by 
                            transnational corporations as a proxy for economic globalization. I first propose a 
                            "positive" model of how globalization might result in economic development and 
                            better protection of both civil/political and economic rights. I then follow this 
                            with a "negative" model of how globalization might result in de-development, and 
                            lesser protection of human rights. Adopting the proxy of TNC investment generates 
                            complex models, and there is no suggestion in either of the two models below of any 
                            inevitable relationships. Nor are these models complete pictures. They do show, at 
                            the least, how very complex and contingent is the transition to a rights-protective 
                            society.</p>
                            <div n="5.1" TEIform="div">
<head TEIform="head">The Optimistic Model</head> 
                                <p TEIform="p">
<ref target="Hassmann.Transformation.Figure1" TEIform="ref">Figure 1</ref> starts with one, and only one, change introduced into a society: namely, 
                            transnational investment. It assumes a society that is not democratic and does not 
                            respect human rights, but which does permit foreign investment. Transnational 
                            investment impels some changes into such a society. These changes are along the 
                                lines proposed by the "engine of development" school analyzed by Meyer <ref target="Hassmann.Transformation.MeyerW1996" TEIform="ref">(1996)</ref>. This 
                            school asserts that TNCs create jobs, provide employee benefits, and help create a 
                            middle class. My analysis assumes, however, that these changes are neither linear 
                            nor inevitable. All rights, and most especially the socioeconomic rights represented 
                            by employee benefits, depend upon social movements and political action. Whatever a 
                            theoretical model might suggest about the positive effect of globalization on 
                            economic rights, only concrete social action will bring about these benefits. 
                            Nevertheless, it is worth constructing a theoretical model of how this action might 
                            occur.
                            
                                <figure id="Hassmann.Transformation.Figure1" filename="Hassmann_Transformation_Fig1.GIF" width="624" height="772" TEIform="figure">
                                    <head TEIform="head"> Figure 1: The Great Transformation II: An Optimistic Model</head> 
                                    
                                    <figDesc TEIform="figDesc">Figure 1 depicts the complex web of links triggered by 
                            investment by  transnational corporations and leading to social, economic, and human 
                            rights development.  These links are described in detail in the text.</figDesc>
</figure>
</p>
                            
                            <p TEIform="p">On the economic front, the most obvious change in a society newly encountering 
                            transnational investment is the provision of new employment opportunities. A small 
                            and growing group of people now works in the modern, industrial sector. Some of 
                            these people will pay taxes to the government, as will the transnational corporation 
                            itself (unless it is allowed a complete tax holiday in perpetuity.) Increased 
                            national revenue appears to be associated with improvement in human rights 
                                <ref target="Hassmann.Transformation.PritchardK1989" TEIform="ref">(Pritchard 1989)</ref>. One can posit a number of reasons why this association might be 
                            so. Increased national revenue results in a small increment in governmental 
                            capacity. With more tax revenue, the government can pay its civil servants more 
                            regularly. Such pay gives civil servants an incentive to stay in their offices and 
                            abide by bureaucratic rules of fairness and impartiality, rather than wander off to 
                            eke out a living in the informal sector, or ask for bribes every time they encounter 
                            a citizen with a request. New economic opportunities will also lessen the likelihood 
                            that moves toward political democracy will be resisted. Holders of both political 
                            and bureaucratic office will be less frightened by the possibility of losing that 
                            office if they can assume that they can maintain their standard of living in the 
                            private sector. One of the chief causes of political corruption among high-level 
                            office holders is the fact that there are few economic opportunities in the 
                            capitalist, legal and professional sectors to serve as alternate sources of income.</p>
                            
                            <p TEIform="p">TNC investment will also contribute to the establishment of the rule of law. 
                            Investors want predictable laws and competent judicial systems to enforce their 
                            contracts and their property rights. They do not want governments that renege on 
                            their contracts, as China is wont to do, or that are too weak to enforce property 
                            laws, as was the case in early post-Communist Russia. The rule of law also provides 
                            the opportunity to legally own property, and to have one's property protected by the 
                                State. The Peruvian economist Hernando de Soto (<ref target="Hassmann.Transformation.deSotoH2002" TEIform="ref">2002</ref>; see also Madrick in <emph TEIform="emph">New 
                                York Review of Books</emph> 31 May 2001) has argued that one of the biggest 
                            stumbling blocks to development in Latin America, Asia, and Africa today is that the 
                            poor are not legal owners of their houses, land, and mini-enterprises. Without legal 
                            title, they are at the mercy of corrupt bureaucrats who demand bribes in exchange 
                            for not evicting them from their homes and businesses. Further, without evidence of 
                            legally-enforced property, they have no collateral to offer banks for loans. And 
                            they cannot enjoy economies of scale, because they often have to disperse their 
                            enterprises among many different locations to prevent seizure of their illegal 
                            assets. </p>
                            
                            <p TEIform="p">The spread of property law will assist in the regulation of citizens' myriad private 
                            interests. Some of these citizens will be members of the new middle or 
                            entrepreneurial class. TNC investment will result in more local business 
                            opportunities, either directly in relationship with the TNCs by, for example, 
                            supplying locally-made inputs, or indirectly by providing goods and services for 
                            workers who have established new communities in the areas of TNC investment. This 
                            new middle class will want its own property protected and its contracts enforced.</p>
                            
                            <p TEIform="p">The new middle class may emerge from the ranks of those who are already educated, as 
                                have Chinese entrepreneurs from a socialist society that stressed education <ref target="Hassmann.Transformation.SenA1999" TEIform="ref">(Sen 
                            1999)</ref>. Moreover, this class will also want even more education. It will want its 
                            sons, and even its daughters, to be educated so that they can join their parents in 
                            business and later manage the property they inherit. It may also want a more 
                            educated population in general, so that it can employ individuals with the skills it 
                            needs. Here, the TNC may eventually join in a demand for more education, or provide 
                            its own educational system, if it discovers it needs a more literate or numerate 
                            labour force.</p>
                            
                            <p TEIform="p">As the new middle class becomes more aware of its own interests, it will become less 
                            willing to live under the rule of traditional elders, communist bureaucracies, or 
                            personalist dictators. It will establish the rudiments of a civil society, 
                            organizing to protect its own interests. This civil society will, in turn, feed back 
                            into the educational system, asking that new ideas of the proper relationship of 
                            citizen to ruler be promulgated. It will promote ideals of social equality, so as to 
                            enhance its own chances of advancement, regardless of the former or present social 
                            statuses of its members. It will also enhance governmental capacity, demanding 
                            fairness and efficiency, and displaying some willingness to pay taxes in order to 
                            obtain them. A more secure bureaucracy will be more willing to listen to the 
                            concerns of its citizenry and to respond to them. As it does so, it will learn that 
                            it is possible to make changes in policy, even to disburse more funds, without 
                            losing control of the state. It will be easier to adhere to the principles of 
                            accountability and transparency, key aspects of good governance, in State 
                            institutions that are properly funded and in which bureaucrats are well-trained and 
                            adequately paid.</p>
                            
                            <p TEIform="p">An emergent civil society will also begin to demand a more liberalized political 
                            sphere. Citizens will start to make their interests known, and will expect their 
                            government to take these interests into account. Citizens will want the rule of law 
                            to cover areas of life beyond property and contract. They will demand regularity, 
                            fairness, and predictability in other spheres of life. A government less reliant 
                            than previously on corruption, and more used to bureaucratic procedure, will be more 
                            willing to entertain the possibility of liberalizing, gradually opening up to 
                            freedoms of speech, press, and association that permit citizens to articulate their 
                            wishes.</p>
                            
                            <p TEIform="p">A more humanistic ideology develops along with — and in part as a cause of 
                            — the more liberalized political sphere. As the market spreads and 
                            impersonal market relations become more common, commerce begins to take precedence 
                            over prejudice. Strangers become individuals with whom transactions are made, rather 
                            than bearers of particular <term target="CO.0061" n="1" TEIform="term">identities</term>. A universal moral sense develops. Indeed, 
                                Gary Madison <ref target="Hassmann.Transformation.MadisonGB1998" TEIform="ref">(1998)</ref> goes so far as to argue that the market breeds civility: all 
                            parties must communicate with each other in a tolerant fashion, and all must be 
                            willing to compromise if exchanges are to take place. The economic 
                            <emph TEIform="emph">agora</emph> contributes to the political <emph TEIform="emph">agora</emph>, and market trust 
                            helps to build the social trust necessary for a functioning political democracy. 
                            Furthermore, as market relations and contract law impose on individuals a culture of 
                            promises, they begin to think of their obligations to distant others in these terms 
                                <ref target="Hassmann.Transformation.HaskellTL1985" TEIform="ref">(Haskell 1985)</ref>. Old status distinctions are eroded, and political relations develop 
                            among individuals of radically different statuses, as, indeed, occurred in a much 
                            earlier period of globalization in the eighteenth century, as Europe began to expand 
                                its relations with the entire world <ref target="Hassmann.Transformation.RothschildE1999" TEIform="ref">(Rothschild 1999)</ref>. </p>
                            
                            <p TEIform="p">The entrenchment of economic rights for ordinary people will require a different and 
                            expanded set of social actors, especially members of the working class. People 
                            working in the modern, industrialized sector will soon start to make demands. They 
                            will want independent trade unions to organize and act as their bargaining agents. 
                            As they attain small incremental improvements in working conditions, so they will be 
                            emboldened to ask for more rights, such as better access to education. They will 
                            also learn how to take part in large, bureaucratized organizations and how to lobby 
                            and bargain. As they become more educated and experienced, they will enter other 
                            spheres of civil society, generalizing the idea that social welfare should be 
                            available to all citizens, whatever their particular status as entrepreneurs or 
                            workers. Improvements in education, health, and welfare in turn will spiral 
                            backward, affecting the capacity of citizens to take part in a political democracy. 
                            Both workers and members of the middle class, now living under the rudiments of the 
                            rule of law and the rudiments of political democracy, will absorb the idea that with 
                            rights, they are legally equal citizens of their country. This idea will spread to 
                            groups that hitherto might have been unsure whether they were equal to others, such 
                            as women; persons occupying lower castes or statuses; or ethnic, religious, or 
                            racial minorities. They, in turn, will form their own civic associations, and learn 
                            the same lobbying and bargaining techniques as other groups in civil society.</p>
                            
                           <p TEIform="p"> The above account is not so much a prediction as a rough description of what 
                            happened in Western Europe and in North America during and after the period of the 
                            first Great Transformation. The introduction of capitalism resulted in the 
                            development of social classes capable of articulating their needs. These social 
                            classes used their civil and political rights to articulate demands for economic 
                            rights. Following the example of the labour movement, status-based movements also 
                            emerged, including, in the United States, the African-American movement for civil 
                            rights and the women's and gay and lesbian movements for equality rights. Both these 
                            movements also resulted in enhanced access to economic rights, although severe 
                            inequalities still exist between whites and blacks, and between men and women, just 
                            as there is still severe income and wealth inequality among the population in 
                            general in developed capitalist Western states.</p>
                            
                            <p TEIform="p">None of the social changes discussed above was inevitable, however. Nor did these 
                            social changes occur in the West in a linear fashion. They spiraled back upon 
                            themselves again and again. Enhanced governmental capacity, for example, fed into 
                            education, which fed into employment, which fed into taxes, which fed into enhanced 
                            governmental capacity. Even a spiral does not capture their interrelationships: 
                            perhaps several overlapping Mobius strips would be the best visual analogy.</p>
                            
                           <p TEIform="p"> One piece of good news, however, is that almost all countries of the world now 
                               accept capitalism. Rueschmeyer, Stephens and Stephens <ref target="Hassmann.Transformation.RueschemeyerDStephensEHStephensJD1992" TEIform="ref">(1992)</ref> have shown the 
                            connection between capitalism and democracy: capitalism is a necessary, though not 
                            sufficient, prerequisite for democracy. Both quantitative and qualitative studies 
                            finding a correlation between capitalism and democracy also show that an intervening 
                            variable is necessary to give effect to such a correlation. That intervening 
                            variable is class action and organization. In a review of many studies of the 
                            relationship between economic development and human rights, Landman also finds that 
                            "economic development [usually capitalist] does not enhance directly political or 
                            civil rights", but that "social mobilization has a direct relationship with the 
                               expansion and contraction of political and civil rights" <ref target="Hassmann.Transformation.LandmanT2002" TEIform="ref">(2002, 920)</ref>.</p>
                            
                            <p TEIform="p">The analysis of Rueschemeyer, Stephens, and Stephens confirms Sen's assertion that 
                            development depends on human <term target="CO.0073" n="1" TEIform="term">agency</term>: the "achievement of development is thoroughly 
                                dependent on the free agency of people" <ref target="Hassmann.Transformation.RueschemeyerDStephensEHStephensJD1992" TEIform="ref">(1999, 4)</ref>. Participatory freedoms are 
                            particularly important, says Sen. "Political freedoms (in the form of free speech 
                            and elections) help to promote economic security. Social opportunities (in the form 
                            of education and health facilities) facilitate economic participation. Economic 
                            facilities (in the form of opportunities for participation in trade and production) 
                            can help to generate personal abundance as well as public resources for social 
                                facilities. Freedoms of different kinds can strengthen one another" <ref target="Hassmann.Transformation.SenA1999" TEIform="ref">(Sen 1999, 11)</ref>. 
                                <note n="8" TEIform="note">The account by Sen, an economist, of the relationship among 
                                    different kinds of freedoms confirms the account by Henry Shue <ref target="Hassmann.Transformation.ShueH1980" TEIform="ref">(1980)</ref>, a 
                                    philosopher, of the relationship among different kinds of rights and the need for 
                                    security (freedom of the person) to supplement subsistence. Sen's account also 
                                    confirms the account of the present author, a political sociologist, of the need for 
                                    civil and political rights to buttress economic rights <ref target="Hassmann.Transformation.HowardR1983" TEIform="ref">(Howard-Hassmann 
                                    1983)</ref>.</note> </p>
                            
                            <p TEIform="p">The class action and human agency to which Rueschemeyer, Stephens and Stephens 
                            refer, is not purely voluntarist, however, but arises only if the structural 
                            conditions are appropriate. They add that democracy is "above all a matter of power" 
                                <ref target="Hassmann.Transformation.RueschemeyerDStephensEHStephensJD1992" TEIform="ref">(1992, 5)</ref>.  It is necessary for the subordinated classes to wrest democracy from the 
                            powerful. Rueschemeyer, Stephens, and Stephens set themselves the task of 
                            determining how, and under what structural conditions, social movements for 
                            democracy arose. They referred to the many complex sequences — rooted in 
                            the actual historical experiences of various countries — that resulted in 
                            subordinate social classes developing the capacity to organize. Class action is made 
                            possible by transformations in social organization, especially by improvements in 
                            education and communication, and by urbanization and the concentration of 
                            population. These transformations result in the emergence of civil society as a 
                            counterweight to state power.</p>
                            
                            <p TEIform="p">Not only is capitalism a necessary prerequisite for democracy, but also, according 
                            to Freeman, it is "the only economic system…so far…found to be 
                                compatible with the relatively effective protection of human rights" <ref target="Hassmann.Transformation.FreemanM2000" TEIform="ref">(2000, 44)</ref>. 
                            Negative evidence to support the connections among capitalism, democracy, and human 
                            rights is the abysmal state of human rights in countries that still attempt to 
                            organize their economies on bases other than capitalism. Myanmar and North Korea 
                            come to mind, but so also does Cuba which, without the support that it received from 
                            the Soviet Union, has been spiraling downward since 1990. Capitalism does not 
                            inevitably result in democracy — much less human rights — as some 
                            of the ideologically-minded promoters of capitalism seem to believe. Nevertheless 
                            without capitalism, democracy appears to be impossible, and without democracy, human 
                            rights cannot be protected. Far more than an economic system, capitalism relies on 
                            certain presumptions about the rule of law, and capitalism creates modern citizens 
                            — both bourgeois and worker — who in the medium to long term 
                            demand human rights.</p>
                            
                            <p TEIform="p">Once again, however, these are not inevitable relationships. Rueschemeyer, Stephens 
                            and Stephens make clear that although there can be no democracy without capitalism, 
                            there can certainly be capitalism without democracy. There can be alliances between 
                            "old" and "new" elite classes, as in the alliance between the old landlord class and 
                            the new bourgeois class in much of Latin America until the 1990s. That alliance 
                            permitted industrialization while blocking the peasants and the urban proletariat 
                                from deriving any benefits from the new system of wealth-creation.<note n="9" TEIform="note">For the classic work on this type of class alliance in Latin 
                                    America, see <ref target="Hassmann.Transformation.FrankA1967" TEIform="ref">(Frank 1967)</ref>.</note> Moreover, a 
                            state elite can command resources such as decision-making power over investment and 
                            tax conditions that make it worthwhile for the international capitalist class to 
                            ally itself with that elite, blocking any changes that the lower classes might try 
                            to demand. Finally, the military can intervene in the process of capitalist 
                            development.</p>
                            
                            <p TEIform="p">This kind of blockage is even more a prospect in the early twenty-first century. The 
                            new capitalism of the globalization era is not an exact replica of the type of 
                            capitalism that Rueschemeyer, Stephens and Stephens discuss. In Russia, for example, 
                            a "shock treatment" transition to capitalism was prescribed by American consultants 
                            and international financial institutions before sufficient institutional capacity 
                            and respect for the rule of law had been developed. This prescription resulted in 
                            massive corruption, transformation of the former party-bureaucratic 
                            <emph TEIform="emph">apparat</emph> into a speculative property-holding elite, and deep 
                            de-development, as demonstrated by Russia's steep decline in population during the 
                                1990s <ref target="Hassmann.Transformation.StiglitzJE2002" TEIform="ref">(Stiglitz 2002)</ref>. We cannot be sure that the happy model presented above of the 
                            West's Great Transformation I will be an accurate representation of the Great 
                            Transformation II, the spread of global capitalism into the farthest reaches of what 
                            were once isolated — and sometimes insulated — communist or 
                            peasant societies. Thus, it is necessary to also consider a pessimistic model of the 
                            present transformation. </p>
                            </div>
            <div n="5.2" TEIform="div">
                
                            <head TEIform="head">The Pessimistic Model</head> 
                            <p TEIform="p">What happened in the past may not happen in the future. Globalization of capitalism 
                            may not result in globalization of democracy and civil/political rights, much less 
                            globalization of development and economic rights. Decisions by international 
                            organizations that are imposed from above and that restrict the political dynamic 
                            that might otherwise occur between a State's government and citizens' movements, can 
                            reduce the likelihood that human rights — either civil and political, or 
                            economic, social, and cultural — will be attained. Human actions and human 
                            decisions will affect any transformation that occurs in the less wealthy parts of 
                            the world, whether the still underdeveloped sections of the former Third World, 
                            notably sub-Saharan Africa, or the "new Europe" (and "new Asia"), those states 
                            carved out from the former Soviet Empire.</p>
                            
                            <p TEIform="p">A key difference between the earlier development in Western Europe of capitalist, 
                            democratic and eventually rights-protective societies, and development occurring in 
                            the twenty-first century, is the role of global financial institutions in managing 
                            investments. Joseph Stiglitz is extremely critical of <term target="OR.0038" n="1" TEIform="term">International Monetary Fund</term> 
                            policies regarding investments. He is especially critical of the way the IMF 
                            encourages "hot money" investments all over the world, without regard to national 
                            governments' economic goals. Hot money flows into and out of a developing country at 
                            great speed, and can destabilize an economy without providing any economic or human 
                            rights benefits. Such hot money amounted in the late 1990s to $1.5 trillion per day 
                                <ref target="Hassmann.Transformation.HeldDMcGrewA1999" TEIform="ref">(Held and McGrew 1999, 493)</ref>. Stiglitz has explained not only how this policy 
                            contributed to the Southeast Asian economic meltdown of 1997, but also how it has 
                            permanently reduced national income in that region. Without in any way claiming a 
                                knowledge of economics sufficient to verify Stiglitz's <ref target="Hassmann.Transformation.StiglitzJE2002" TEIform="ref">(2002)</ref> argument, I attempt 
                            below to schematize his chapter on the Asian crisis and to extrapolate from it to a 
                            more general model of how a society that is both growing economically and becoming 
                                more politically open can regress. <note n="10" TEIform="note">For reviews of Stiglitz, see <ref target="Hassmann.Transformation.PurdyJ2002" TEIform="ref">(Purdy 2002)</ref> and Jeff Madrick in 
                                    <title level="m" TEIform="title">New York Review of Books</title> 15 August 2002.</note> This is a short-to-medium term picture, not 
                            a long-term prognosis; indeed, by 2002, as Jeff Madrick writes,  the Asian financial 
                            crisis was "receding into the past" (<emph TEIform="emph">New York Review of Books</emph> 15 August 
                            2002). Nevertheless, it serves to show that the optimistic picture presented above, 
                            based upon a retrospective reading of how Western Europe and North America 
                            developed, is not inevitable. It also serves to show the extreme importance of 
                            democratic opposition to the processes of globalization, and the necessity for the 
                            IMF and the World Bank to develop within themselves the policies of democratic 
                            decision-making and public accountability and transparency that they constantly urge 
                            on States.</p>
                            
                <p TEIform="p">In the pessimistic model of the Great Transformation II depicted in <ref target="Hassmann.Transformation.Figure2" TEIform="ref">Figure 2</ref>, hot 
                            money flows into a country as a result of IMF pressure to reduce controls on capital 
                            mobility. Hot money looks for quick earnings opportunities on the financial market, 
                            not for longer-term earnings requiring investment in infrastructure or 
                            manufacturing. There is then, for some reason, an economic crisis, and the hot money 
                            flees the country as quickly as it entered. Without capital, businesses cannot pay 
                            their debts, and many of them fail, giving rise to job losses. The local middle 
                            class is devastated. There are fewer jobs, either within the foreign investment 
                            sector or the local sector of businesses and professions geared to servicing 
                            foreign-owned businesses and the foreigners themselves. Moreover, the middle class's 
                            savings are reduced as disinvestment results in lower valuations on locally-owned 
                            investments.
                            
                <figure id="Hassmann.Transformation.Figure2" filename="Hassmann_Transformation_Fig2.GIF" width="625" height="837" TEIform="figure">
                    <head TEIform="head">Figure 2: The Great Transformation II: A Pessimistic Model</head> 
                    
                    <figDesc TEIform="figDesc">Figure 2 shows the web of links between hot money and declining 
                            economic, social, and human rights. The decline begins with the infusion of hot 
                            money that, during economic or political crises, can take flight, accompanied by 
                            disinvestment and general distrust of law or weakened rule of law. From these stem a 
                            series of inter-related effects. These are described in detail in the text below.</figDesc>
</figure>
</p>
                            
                            <p TEIform="p">As a result of hot money capital flight, government's tax revenue declines, and with 
                            it overall government capacity. Governments react by disinvesting in the civil 
                            service, thus causing further job loss. Governments also disinvest in social 
                            services, especially in education and health. With less investment in education and 
                            health, the quality of human capital declines, thereby rendering the country less 
                                attractive to future investors who might be looking for workers.<note n="11" TEIform="note">Sen <ref target="Hassmann.Transformation.SenA1999" TEIform="ref">(1999)</ref> stresses the importance of spending on health and 
                                    education, in order to develop the human capacity of a nation.</note>
</p>
                            
                            <p TEIform="p">Whatever democratization and development of civil society might have previously 
                            occurred is also now subject to threat. Society begins to distrust the rule of law, 
                            as it becomes obvious that the law has been used to protect the interests of the hot 
                            money investors. Distrust in the rule of law generates distrust in government 
                            capabilities either of ruling or reforming a disintegrating economy. Thus 
                            communities and individuals retreat from the state. Distrust in law and government 
                            expands into a generalized social distrust. Far from civilizing social relations, 
                            the market separates individuals from each other and from society. Ethnic and 
                            communal groups start to compete for jobs, business opportunities, and government 
                            handouts, and men try to force women back into the home, away from the economic 
                            opportunities that have helped women emancipate themselves from patriarchal control. 
                            There are food riots, and other political manifestations of extreme social unrest. 
                                <note n="12" TEIform="note">Stiglitz <ref target="Hassmann.Transformation.StiglitzJE2002" TEIform="ref">(2002)</ref> discusses how unwilling the IMF has been to 
                                    realize that "quick fix" economic policies requiring that governments remove food 
                                    subsidies will result in riots and further political destabilization.</note> Fundamentalist political parties, or parties advocating populist/fascist 
                            solutions to political crisis, quickly arise, recruiting especially from among 
                            unemployable men.</p>
                            <p TEIform="p">The result of such economic and social crises is often a reversion from democracy to 
                            autocratic political policies. As they attempt simultaneously to meet outside 
                            economic demands to pay their debts and to restore civic order, governments impose 
                            controls on civil and political rights and on civil society. Attempting to attract 
                            international hot money and capital back to the country, they offer a weakened 
                            labour force, imposing controls on trade unions. Less educated than previously and 
                            less able to exercise their basic civil and political rights, workers are less 
                            capable of pressuring either governments or employers for their economic rights, 
                            which consequently decline. "Third generation" rights such as the right to 
                            development and the right to a clean environment also suffer, without active labour 
                            movements and civil society organization to pay attention to them.</p>
                            
                            <p TEIform="p">Stiglitz's description of the meltdown in Asia refers to the very short period of 
                            1997-99. The phenomena he describes are the kinds of short and medium-term problems 
                            that preoccupy the antiglobalization forces. These phenomena reinforce the point 
                            made by Rueschmeyer, Stephens and Stephens and others, that class action and 
                            organization are necessary connections between capitalism and democracy. Class 
                            action and organization are also necessary to connect capitalism, democracy, and 
                            human rights. As the world globalizes, no positive transformation of the human 
                            rights situation of ordinary people will occur without a social movement for those 
                            rights. This is so even when all economic indicators are positive, and when the rule 
                            of law and democratic rule seem "naturally" to evolve. It is even more so when 
                            economic indicators are negative, and when the rule of law and democratic politics 
                            disappear.</p>
            </div>
            </div>
            <div n="6" TEIform="div">
                            <head TEIform="head">Human Rights and Globalization</head> 
                            <p TEIform="p">Above, I have discussed human rights only as dependent consequences of 
                            globalization. The principles, laws, and practice of human rights can also be 
                            independent variables, affecting both elite implementation of globalization, and 
                            social action in favour of, or against, it. A major difference between the first and 
                            second Great Transformations is the existence the second time around of the 
                            international human rights regime, and the international human rights social 
                            movement.</p>
                            
                            <div type="subsection" n="6.1" TEIform="div">
<head TEIform="head">Western Capitalist Evolution and the Absence of Human Rights Law</head> 
                                <p TEIform="p">The happy predictions made above in <ref target="Hassmann.Transformation.Figure1" TEIform="ref">Figure 1</ref>, schematizing the optimistic model of 
                            the Great Transformation II, rely on similarities to the social evolution of Western 
                            Europe and North America. None of this, however, suggests an easy or inevitable 
                            transition in the "Rest" of the world from poverty-stricken peasant societies to 
                            wealthy industrial societies. Formerly colonized countries in what used to be called 
                            the Third World do not have access to one of the most important "advantages" the 
                            West had during its own period of capitalist growth: human rights lawlessness. 
                            Neither states nor entrepreneurs had to think about the rights of their own citizens 
                            or workers, or the rights of those inhabiting the worlds they conquered.</p>
                            
                            <p TEIform="p">During the West's period of growth, there was no international law to prevent the 
                            purchase or theft of people. Thus, the West was able to profit from slavery, as also 
                            were those who sold slaves to Westerners. The enslavement of captured or purchased 
                            people was a normal activity of the pre-capitalist and early capitalist periods 
                                <ref target="Hassmann.Transformation.InikoriJE2001" TEIform="ref">(Inikoki 2001)</ref>. Almost all societies were divided into social categories, some 
                            having more rights, privileges, and prestige than others. Thus slavery was an 
                            essential part of the triangular trade between Britain, the West Indies, and the 
                                Americas, and one of the bases of some Western prosperity.<note n="13" TEIform="note">For a classic (although controversial) statement of this 
                                    relationship, see <ref target="Hassmann.Transformation.WilliamsE1944" TEIform="ref">(Williams 1966)</ref>.</note>
</p>
                            
                            <p TEIform="p">Similarly, during the period of Western expansion there was no international law 
                                prohibiting <term target="CO.0046" n="1" TEIform="term">colonialism</term> <ref target="Hassmann.Transformation.duPlessisM2003" TEIform="ref">(du Plessis 2003)</ref>. Colonial conquest was a "normal" practice 
                            inherited from the ancient world. It permitted stronger militaries and navies to 
                            take over territories previously not part of the world economy, and permitted the 
                            colonists to curtail the economies of the conquered territories as they saw fit. If 
                            the King of Belgium wished to cut off Africans' hands to prevent them from selling 
                                rubber to his competitors, there was nothing to stop him <ref target="Hassmann.Transformation.HochschildA1999" TEIform="ref">(Hochschild 1999)</ref>.<note n="14" TEIform="note">Hochschild draws heavily on Morel 1969, especially pp. 109-26, The 
                                    Story of the Congo Free State.</note> 
                            Nascent entrepreneurial classes in the colonies of the various European powers soon 
                            learned that economic opportunities were reserved for Europeans alone. Furthermore, 
                            because there were no laws prohibiting racial discrimination, European merchants, 
                            industrialists, and financiers could happily confine their working relationships to 
                            others of "their own kind."</p>
                            
                            <p TEIform="p">Just as there were no laws against slavery or colonialism, so also there were no 
                            laws against massive population transfers. During the period of Western expansion, 
                            citizens — if they could be called that — in the Western world had 
                            few rights. Their governments could deport them to the colonies if they disobeyed 
                            the myriad laws that regulated their behaviour. Their governments could also deprive 
                            them of the lands they traditionally owned, as in the conversion of common lands to 
                            private property in Scotland and England. Even famine was a privilege of the State. 
                            The English government deprived Irish peasants of their means of sustenance during 
                            the famine of the 1840s, "killing a higher <emph TEIform="emph">proportion</emph> of the population 
                                than any other famine anywhere in recorded history" (<ref target="Hassmann.Transformation.SenA1999" TEIform="ref">Sen 1999</ref>, 170 emphasis in 
                            original). </p>
                            
                            <p TEIform="p">Finally, in the early modern capitalist world, no international law prohibited genocide and ethnic cleansing. Although there were some protests from Catholic and 
                            other missionaries against the treatment of aboriginal populations in the Americas, 
                            for example, by and large colonists could do as they pleased to wipe out the 
                                "primitive" populations occupying territories that they sought <ref target="Hassmann.Transformation.ChurchillW1998" TEIform="ref">(Churchill 1998)</ref>. At 
                            a time when only a very small percentage of the population of Western states enjoyed 
                            anything resembling human rights, few worried about the human rights of the 
                            inhabitants of the colonies. Germany committed genocide in Southwest Africa with an 
                            impunity broken only by a British inquiry after the former country's defeat in the 
                                First World War (<ref target="Hassmann.Transformation.DreschlerH1990" TEIform="ref">Dreschler 1990</ref>; <ref target="Hassmann.Transformation.BridgmanJWorleyLJ1997" TEIform="ref">Bridgman and Worley 1997</ref>).</p>
                            
                            <p TEIform="p">Human rights lawlessness, then, gave industrializing Western powers several 
                            privileges that are not enjoyed by industrializing regimes in the early twenty-first 
                            century. These privileges were the use of slavery, colonialism, expulsions, famine, 
                            and genocide as tools to economic growth. States and ruling classes often prospered 
                            under these conditions of lawlessness, although ordinary people often did not. None 
                            of these advantages of human rights lawlessness, however, assured the prosperity of 
                                the Western world, absent the sorts of social changes diagramed in Figures <ref target="Hassmann.Transformation.Figure1" TEIform="ref">1</ref> and <ref target="Hassmann.Transformation.Figure2" TEIform="ref">2</ref> . 
                            Not all colonial powers became equally prosperous, as the example of Catholic Spain 
                                illustrates <ref target="Hassmann.Transformation.WallersteinIM1980" TEIform="ref">(Wallerstein 1980)</ref>. Nor did all slave-trading economies become equally 
                            wealthy, as Portugal demonstrates. Internal changes in habits, laws, entrepreneurial 
                            activities and relations among social groups were also important determinants of 
                            capitalist growth.</p>
                            
                            <p TEIform="p">Therefore, in a global world now characterized by human rights constraints, 
                            less-developed countries will be at some disadvantage compared to their Western 
                            predecessors, in engaging in the capitalist path. At the same time, citizens of 
                            these less-developed countries are at an advantage in demanding their rights, as 
                            compared to citizens of the West until well into the twentieth century.</p>
                            </div>
                <div type="subsection" n="6.2" TEIform="div">
                            <head TEIform="head">Non-Western Capitalism and the Presence of Human Rights</head> 
                    <p TEIform="p">
<ref target="Hassmann.Transformation.Figure3" TEIform="ref">Figure 3</ref> shows the many aspects of the global order that now affect the spread of 
                            human rights.
                            To begin with, the entire world is now constrained — to a greater or lesser 
                            extent — by the international human rights regime, a set of norms and laws 
                                which most countries have formally said they respect.<note n="15" TEIform="note">For summaries of how this regime works, see <ref target="Hassmann.Transformation.DonnellyJ1998.b" TEIform="ref">(Donnelly 1998b,51-85)</ref>, 
                                    <ref target="Hassmann.Transformation.ForsytheD2000" TEIform="ref">(Forsythe 2000, 1-138)</ref> and <ref target="Hassmann.Transformation.RobertsonG1999" TEIform="ref">(Robertson 1999, 1-123)</ref>.</note> These norms and laws 
                            mean newly industrializing countries are not supposed to engage in the same 
                            wealth-creating activities as their Western predecessors: slavery, colonialism, 
                            genocide, massive population transfers, or deportations of citizens they do not 
                            want. Nor are they supposed to ignore the basic economic needs of those individuals 
                            who by law are their citizens. Thus it is difficult for them to engage in Marx's 
                            primitive capitalist accumulation — that stage of looting and plunder that 
                            Marx argued constituted the basis for the next, more productive stage of capitalist 
                            growth. But what is lost as an advantage of states is gained as an advantage of 
                            citizens. Citizens who live in places that are now being reached by globalization 
                            need not wait 150 or 200 years before attaining their rights. Globalization speeds 
                            up their access to the very idea of rights.
                            
                    <figure id="Hassmann.Transformation.Figure3" filename="Hassmann_Transformation_Fig3.GIF" width="625" height="438" TEIform="figure">
                        <head TEIform="head">Figure 3: Social Action and Human Rights</head> 
                        
                        <figDesc TEIform="figDesc">Figure 3 depicts the relationship between social action and 
                            ideological change, economic globalization, democracy, and universal human rights. 
                            Social action and ideological change is shown to include: global human rights 
                            regime, global governance, global normative order or the ideology of human rights, 
                            global communication and mass media, global civil society and global human rights 
                            social movement or the antiglobalization movement, and peasant and worker 
                            movements. Ecomonic globalization is manifest in: markets, expanded wealth and 
                            expanded middle class. Social action and ideological change contribute to the 
                            development of universal human rights. Economic globalization impacts on democracy 
                            which in turn is an important condition for the development universal human rights.</figDesc>
</figure>
</p>
                            
                            <p TEIform="p">Globalization creates these conditions first of all through the evolution of a 
                            global communications network. With the <term target="CO.0007 " n="1" TEIform="term">Internet</term> and email, it is easy for citizens 
                            of all nations of the world to acquire information and to communicate with each 
                            other instantaneously. Citizens are no longer mere consumers of information: they 
                            are generators of knowledge and debaters about social issues. Human rights abuses 
                                are now subject to "cosmopolitan publicity" in a transnational public sphere <ref target="Hassmann.Transformation.BohmanJ1999" TEIform="ref">(Bohman 
                            1999)</ref>. Civil society actors have immediate access to knowledge and immediate 
                            capacity to criticize public policy decisions by local, State, and international 
                            agencies. This access contributes to that "communicative interaction" that Habermas 
                                <ref target="Hassmann.Transformation.HabermasJ1994" TEIform="ref">(1994)</ref> says is so important for true democracy.</p>
                            
                            <p TEIform="p">Further, Beetham notes the importance of international civil society to the 
                            promotion of human rights. The civil society actors who now populate global public 
                            space possess an "ability to forge links with popular struggles at the most local 
                                level anywhere in the world" <ref target="Hassmann.Transformation.BeethamD1998" TEIform="ref">(1998, 68)</ref>. Although themselves a new kind of elite, 
                            they link the developed and non-developed parts of the globe, the democracies with 
                            authoritarian states, in a discussion of human rights that only the most draconian 
                            restrictions on access to the international communicative media can control.</p>
                            
                            <p TEIform="p">This communications network, in turn, enables the formation of global social 
                                movements in favour of human rights <ref target="Hassmann.Transformation.KeckMESikkinkK1998" TEIform="ref">(Keck and Sikkink 1998)</ref>. Human rights social 
                            movements have benefited from the ease of travel and communications of the last 
                            thirty years. People living in remote parts of the globe can form alliances with 
                            civil society actors in the developed world, and persuade the mass media to take up 
                            their case, as did Ogoni activists in Southeast Nigeria in the 1990s. This system 
                            is, of course, not perfect. For every successful international campaign there are 
                            others that are not successful. Success often depends on good organization and even 
                            on particular incidents, such as the tragic hanging of the Ogoni leader, Ken 
                                Saro-Wiwa, in 1995 <ref target="Hassmann.Transformation.BobC2002" TEIform="ref">(Bob 2002)</ref>.<note n="16" TEIform="note">On the much-studied Ogoni movement, see also <ref target="Hassmann.Transformation.WelchCE1995" TEIform="ref">(Welch 1995)</ref>, <ref target="Hassmann.Transformation.SkoglySI1997" TEIform="ref">(Skogly 
                                    1997)</ref> and <ref target="Hassmann.Transformation.IdowuAA1999" TEIform="ref">(Idowu 1999)</ref>.</note> </p>
                            
                           <p TEIform="p"> Nevertheless, as global communication erodes geographical remoteness, the universal 
                            principle of human rights becomes one upon which local actors can base their demands 
                            for justice. If the capitalist-owned mass media ignore a particular human right, the 
                            technology of global communications nevertheless allows its pursuit through the 
                               formation of independent media groups, chat rooms, and websites.<note n="17" TEIform="note">On independent media groups, see <ref target="Hassmann.Transformation.MeyerW1989" TEIform="ref">(Meyer 1989)</ref>.</note> </p>
                            
                           <p TEIform="p"> Global consumer campaigns against abusive labour practices such as employment of 
                            child labour have been particularly successful. The Rugmark campaign, for example, 
                            tells consumers whether rugs they have purchased from Asia are made without child 
                            labour, exerting pressure for improved labour standards in producing countries such 
                               as Pakistan and Iran (<ref target="Hassmann.Transformation.ForsytheD2000" TEIform="ref">Forsythe 2000</ref>; <ref target="Hassmann.Transformation.PangalanganRC2002" TEIform="ref">Pangalangan 2002</ref>). Retail companies are also 
                            susceptible to consumer pressure on human rights grounds, such as in the case of the 
                            Swiss grocery chain, Migros. Migros inserted a "social clause" in its contract with 
                            Del Monte to ensure that working conditions on Del Monte's pineapple farms in the 
                               Philippines were above average <ref target="Hassmann.Transformation.PangalanganRC2002" TEIform="ref">(Pangalangan 2002)</ref>. If, as the shoe company 
                            advertises, "On Planet Reebok there are no boundaries," then one of the advantages 
                            of globalization is the capacity of civil society actors in newly industrializing 
                            societies to learn from civil society actors elsewhere. With regard to the campaign 
                            in the 1990s against Nike's labour policies, Smith and her colleagues were correct 
                            to note that "in the absence of consumer mobilization… human rights 
                               violations… constitute only minor factors in TNC profit equations" <ref target="Hassmann.Transformation.SmithJBolyardMIppolitoA1999" TEIform="ref">(1999, 
                                   211)</ref>. Equally, Meyer (<ref target="Hassmann.Transformation.MeyerW1999" TEIform="ref">1999</ref> citing <ref target="Hassmann.Transformation.SparDL1998" TEIform="ref">Spar 1998</ref>) was correct to note the "spotlight 
                            effect" of media and NGO pressures on Reebok to stop buying soccer balls from 
                            Pakistani subcontractors who used child labour. The cumulative effect of these 
                            campaigns is strong.</p>
                            
                            <p TEIform="p">There are now voluntary international codes of conduct for transnational 
                            corporations, evolving in part from the twenty-year long campaign before the end of 
                            apartheid to oblige multinational investors to treat their black South African 
                                workers better <ref target="Hassmann.Transformation.MangalisoMP1992" TEIform="ref">(Mangaliso 1992)</ref>. There is also a movement among international 
                            lawyers to bring transnational investors under the constraints of the international 
                                human rights regime <ref target="Hassmann.Transformation.PangalanganRC2002" TEIform="ref">(Pangalangan 2002)</ref>. The <term target="OR.0005 " n="1" TEIform="term">International Labour Organization</term> has 
                            found a new centrality in the elaboration of minimum human rights standards for 
                            transnational corporations, even if it does not yet have the authority to impose 
                                these standards <ref target="Hassmann.Transformation.ForsytheD2000" TEIform="ref">(Forsythe 2000)</ref>. The Organization for Economic Co-operation and 
                            Development has also elaborated voluntary guidelines for multinational enterprises, 
                                including the right of workers to form trade unions <ref target="Hassmann.Transformation.BeanR1994" TEIform="ref">(Bean 1994)</ref>.</p>
                            
                    <p TEIform="p">Giddens <ref target="Hassmann.Transformation.GiddensA2003" TEIform="ref">(2003)</ref> notes that civil society organizations such as the environmentalist 
                            group <term target="OR.0053" n="1" TEIform="term">Greenpeace</term> and the anti-poverty organization Oxfam are themselves now global 
                            institutions. The feminist movement is also international: women from all over the 
                            world, from the most remote regions and least advantaged social groups, can meet to 
                            discuss common problems, as occurred at the Vienna Conference on Human Rights in 
                        1993 and at Beijing in 1995 (<ref target="Hassmann.Transformation.ChenMA1996" TEIform="ref">Chen 1996</ref>; <ref target="Hassmann.Transformation.StamatopoulouE1995" TEIform="ref">Stamatopoulou 1995</ref>). These common topics 
                            include defense of women workers' rights in countries experiencing rapid 
                            transnational investment. Unlike women in the Western world, women in the newly 
                            globalizing world do not have to wait until men are able to assert their rights, and 
                            then follow behind. Assertion of the rights of all social categories, in all social 
                            situations, occurs simultaneously in the world of global communications.</p>
                            
                            <p TEIform="p">The international human rights movement is also assisted by an unprecedented level 
                            of global governance. Scholars make frequent reference to States' voluntary 
                            abrogation of (some) sovereignty in favour of international treaties and 
                            regulations. Global governance is not only a matter of formal institutional 
                            development or a proclamation of new treaties and laws, but also it is a matter of 
                                new space for citizens' movements. Rosenau <ref target="Hassmann.Transformation.RosenauJN1998" TEIform="ref">(1998, 42)</ref> speaks of international social 
                            movements as "well-springs of global governance." This "non-economic fabric of ties" 
                            among citizens worldwide acts as an anti-systemic force to which formal authorities 
                            must pay attention. Global space is densely populated, and within it there is much 
                            pressure for <term target="CO.0074" n="1" TEIform="term">cosmopolitan</term> democracy. </p>
                            
                            <p TEIform="p">Although it is precipitous to argue that national sovereignty has significantly 
                            declined as a result of the establishment of international law and the various 
                            regimes that limit most States' capacity to act unilaterally in economic, 
                            environmental, or other areas, both the reach and the depth of international law 
                            have been significantly extended. The argument that economic growth requires a free 
                            hand both for capitalists and governments without regard to political democracy or 
                            the rule of law, has little credence in the early twenty-first century.</p>
                            
                           <p TEIform="p"> Thus globalization speeds up the processes not only of capitalist expansion, but 
                            also of resistance to capitalism. Social action promotes human rights not only in 
                               theory, but also in practice.</p>
                </div>
            </div>
            <div n="7" TEIform="div">
                                           
                            <head TEIform="head">Human Rights Leap-frogging</head> 
                            <p TEIform="p">In the game of leap frog, little children line up in a row, then leap over each 
                            other's backs, the child at the end starting first. In the human rights world, 
                            rights now leap over much larger obstacles. In the contemporary global society, 
                            oceans are crossed and centuries ignored as all sectors in the world engage in a 
                            giant debate about what human rights are or ought to be, what people from different 
                            parts of the world are entitled to, and who or what agencies are expected to respect 
                            or implement those rights. Over the Atlantic and Pacific Oceans, the Mediterranean 
                            and Black Seas, human rights leap from developed to underdeveloped regions. Over the 
                            centuries of the first Great Transformation, human rights leap to the Second Great 
                            Transformation. And as in the children's game of leap frog, the last are often 
                            first. Those who are most deprived demand to go to the head of the line. They demand 
                            enjoyment of all the rights to which they are told by international law they are 
                            entitled, despite the relative economic underdevelopment and political and legal 
                            backwardness of their own societies. Patience is not enjoined upon them: they are 
                            not told their time will come.</p>
                            
                            <p TEIform="p">And despite efforts of political and cultural spokespersons of various kinds to shut 
                            down the borders, it is increasingly difficult for those who suffer human rights 
                            abuses not to hear the voices of human rights defenders. Global solidarity is an 
                            important aspect of globalization: in 2000 there were 16,500 transborder civil 
                                society organizations <ref target="Hassmann.Transformation.ScholteJA2000" TEIform="ref">(Scholte 2002)</ref>. Thus globalization is not merely a phenomenon 
                            coming from "above" in the form of transnational organizations and corporations. It 
                            is also a phenomenon originating from below, often in the form of "grassroots 
                            globalization," local organizations in the underdeveloped world that can connect via 
                            the Internet, email, or jet-set NGO conferences with international human rights 
                                organizations based in the West <ref target="Hassmann.Transformation.AppaduraiA2000" TEIform="ref">(Appaduri 2000)</ref>. </p>
                            
                            <p TEIform="p">Thus, human rights leap-frogging simultaneously promotes rights, but is itself an 
                            aspect of globalization to which many object. Reflecting the changes that occurred 
                            in Polanyi's Britain in the eighteenth and nineteenth centuries, human rights are 
                            posited upon the basic civil and political rights that communitarian political 
                            systems frequently deny — namely, freedoms of speech, assembly, press, and 
                            association. Human rights are also posited upon a zone of personal privacy, in 
                            family relations, in economic activities, and in individual decision-making. To some 
                            people trying to protect their own societies, religions, and cultures from the 
                            homogenizing tendencies of globalization, the global norms that human rights 
                            activists propose seem suspiciously like Western norms. Some influential individuals 
                            in the developing world consider the human rights movement to be propounding a 
                            "foreign" global normative system that requires social and cultural, as well as 
                            political, legal, and economic change. The charge of cultural <term target="CO.0043" n="1" TEIform="term">imperialism</term> is 
                            frequently heard, and the politics of resentment is manipulated to hold back the 
                            tide of human rights.</p>
                            
                            <p TEIform="p">Human rights leap-frogging is one positive aspect of globalization, but it is no 
                            guarantee of ultimate global respect for human rights. No social scientist can 
                            predict the future, nor do those anxious to protect their academic reputations 
                            attempt to do so. The fact that over the course of two centuries the capitalist West 
                            gradually became wealthy, relatively free, and democratic does not mean all other 
                            societies will inevitably do likewise. And the Western world's many deviations from 
                            a steady progress to protection of human rights are well known.</p>
                            
                            <p TEIform="p">Nevertheless, globalization has spread the idea of human rights worldwide. It has 
                            speeded up social change. Ideas and rules of human rights leap-frog across oceans 
                            and centuries, intersecting with social changes on the ground. Countries such as 
                            Taiwan and South Korea have already followed paths to become relatively 
                                rights-protective societies, similar to the path outlined above in <ref target="Hassmann.Transformation.Figure1" TEIform="ref">Figure 1</ref>. They 
                            did so in fifty years, not 200. Thus this model is not confined to the West, despite 
                            the West's obvious initial advantages in industrializing.</p>
                            
                            <p TEIform="p">Globalization is, then, a powerful potential tool for promotion of human rights 
                            worldwide. Whether, in the end, it promotes or hinders human rights is not something 
                            that can be determined by quantitative studies of the kind undertaken by Meyer and 
                            by Smith and her colleagues. Nor can it be determined by adding up the numbers of 
                            jobs created and comparing them with the numbers lost. The long-term time frame of 
                            the second Great Transformation may well be shortened by the technology of 
                            globalization from the 200 years of the first Great Transformation to, perhaps, 
                            fifty years. But the final outcome cannot now be predicted. It is no more sensible 
                            to pass judgment on globalization as an instrument of social change than it would 
                            have been sensible to pass judgment on the Industrial Revolution in 1780 or 1800. 
                            Now, as then, the short-term detrimental consequences are obvious. Now, as then, 
                            humanitarians must strive to overcome the harms of dispossession, underemployment, 
                            and poverty. But now, as then, we do not know the final outcome.</p>
                             
            </div>
        </body>
<back>
<div n="8" TEIform="div">
                <head TEIform="head">Acknowledgement</head>
                    
                    <p TEIform="p">This paper derives from a talk given at a conference on Globalization and the Human 
                    Condition, St. Thomas University, New Brunswick, Canada, 1 August 2001. I am 
                    grateful to the Social Sciences and Humanities Research Council of Canada for 
                    research funding, and to Anthony Lombardo and Dan Milisavljevic for research 
                    assistance. I wrote several earlier drafts of this paper while James Farmer Visiting 
                    Professor of Human Rights at Mary Washington College in Fredericksburg, Virginia. I 
                    am most grateful to the College for the time it gave me to devote to research. I am 
                    also grateful to the Canada Research Chairs program for the time I am able to 
                        dedicate to research.</p>
                </div>
<div>
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