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THE YALE JOURNAL OF INTERNATIONAL LAW
[Vol. 33: 113
obligations,” as the Committee has atte mpted, cannot addres s this symbiotic
relationship. Because it seeks to rank
each obligation according to its
correlation with the core, it cannot ca pture the dependence of one over the
other.
Secondly, we have seen that the listi ng of “core obligations” may often
be more about the signaling by inte
rnational organizations of their own
jurisdictional powers and competence. We can see parallel dynamics at work
in the judicial process, with courts re lying on a justiciable “core” as falling
under their particular competence.
The risk, in bot h supervisory and
adjudicatory mechanisms, is that th e greater the technical r esponse to
institutional competence and jurisdiction, the greater the slide of the minimum
core in normative force.
V.
THE CONTENT IN SEARCH OF A CONCEPT?
Neither the Essence, Consensu
s, nor Obligations Approaches
satisfactorily conclude the search for the content of the minimum core. The
Essence Approach asks the right questi on—why, after all, should we respect
economic and social rights if we do not attach grea t importance to norms like
survival or dignity? Yet the essentialist approach does injustice to the
question, which is better posed within a more pluralist interpretative frame of
“rights” rather than “minimum co
res.” Moreover, merely pointing t o
normative goals does not by itself re
solve problems of validity and
application. The Consensus Approach commends it self by f ocusing on both
agreement and validity, and yet the re sulting core is likewise impeded by
uncertainty as to whose agreement c ounts. Finally, the correlation between
“core” rights and “cor e” duties addressed in the Obligations Approach is
defeated by the polycentricity of du ty-holders and begs additional questions,
such as who the duty-hol ders are and how the ob ligations may be grounded
given present institutional strictures.
This Part examines the quest for a mi nimum core in re verse. Such an
examination starts from the proposition that the legal ventures at stake in the
concept of the minimum co re—of claiming, ranking, and limiting in the area
of economic and social rights—are inadequately understood. Simply reaching
for the minimum core label often stands in place of this analysis. Once t he
challenges in these activities are explicitly addressed, the perceived need for
the concept recedes, and the more relevant questi ons—of benchmarking,
limiting, globalizing, and claiming—can be pursued. I give brief detail to each
operation in turn, in or der to call for a new rese arch agenda while concluding
the old.
A.
Prescribing Content: Indicators and Benchmarks
The first goal for the emerging economic and social rights discourse is to
meet the challenges of en forcement and supervision. As we have seen, the
minimum core concept promises to
guide the emerging and meas urable
POGGE, WORLD POVERTY AND HUMAN RIGHTS 160 (2002) (presenting a fra mework of ascending
institutional commitments).
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