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advocates worried about commandeering sovereign macroeconomic choice, a
minimum content for economic and social rights would seem to reduce (if not
eliminate) this risk, in creasing the latitude for st ates to pursue thei r own
43
within the broad human ri ghts
“particular form of government,”
44
framework.
Thirdly, for commentat ors wishing to intro duce a manageable legal
impetus to global redistributive debate s, the minimalist connotations of the
minimum core concept signal an acce
ptable moderation. Bård-Anders
Andreassen and other advo cates from the development field suggested in the
1980s that minimum standards would provide the basis for a more
progressive, if restrained, redistribut ion of resources rather than more
extensive efforts, thus placating t he self-interest of developed states. 45 These
commentators also sought to delimit economic and social entitlements to their
barest forms in order to avoid the disruption of pr oduction incentives, which
would work against their practical success.46
While the logic of these three arguments continues to ho ld, the first and
the second are accompanied by traces of anachronis m. When advocates claim
“retrogression” in debates about economi c and social rights, they are more
concerned with establishing the deliberateness of the state policy or its causal
effect, rather than whet her it has impacted some essential minimum. 47
Similarly, when advocates of the minimum core assert its modesty in relation
to states parties’ sovere ign political economic choices, they are usually aware
that many policies have
been conditioned by in ternational financial
institutions rather than the states them selves and that “sov ereignty” is often
more respected in the breach.48
43. General Comment No. 3, supra note 1, ¶ 8.
44. Matthew Craven, The Protection of Economic, Social and Cultural Rights under the InterAmerican System of H uman Rights, in THE INTER-AMERICAN SYSTEM OF HUMAN RIGHTS 289, 316
(David J. Harris & Stephen Livingstone eds., 1998).
45. Bård-Anders Andreassen, Tor Skålnes, Alan G. Sm ith & Hugo Stokke, Assessing Human
Rights Performance in Developing Countries: The Case for a Minimal Threshold Approach to the
Economic and Social R ights, in HUMAN RIGHTS IN DEVELOPING COUNTRIES, 1987-1988, at 333, 342
(arguing that “a minimalist focus . . . m ay better urge international redistributive effort at least by those
states that already have passed well beyond a m
inimal level in their own countries”). Although
Andreassen et al.’s “m inimum threshold” proposal should not be confused with the “m inimum core”
approach, not least because it references society-wide rather than individual levels of enjoyment, similar
rationales can be traced to each approach.
46. Id. at 341-42 (warning that “[a]brupt, overam bitious attempts at large scale redistribution
might produce disincentives to protec tion and attendant dislocations to the point where the position of
the least advantaged might in fact be lowered”).
47. General Comment No. 3, supra note 1, ¶ 9 (noting “deliberately retrogressive m easures . .
. would need to be justified by reference to the totality or rights . . . and in th e context of the full use of
the maximum available resources”). For the sugg estion that “deliberate” does not suggest a requirement
to intentionally reduce the enjoym ent of economic and soci al rights, see O FFICE OF THE U.N. HIGH
COMM’R FOR HUMAN RIGHTS, ECONOMIC, SOCIAL AND CULTURAL RIGHTS: HANDBOOK FOR NATIONAL
HUMAN RIGHTS INSTITUTIONS, at 28, U.N. Doc. HR/P/PT/12, U.N. Sales No. E.04.XIV.8 (2005).
48. For an empirical study of the universal (if une ven) influence of global exports and trade,
as well as transnational production, on national
social and econom ic policy, see, for exam ple,
GOVERNING GLOBALIZATION: POWER, AUTHORITY AND GLOBAL GOVERNANCE (David Held & Anthony
McGrew eds., 2002); see also J AMES M. CYPHER & JAMES L. DIETZ, THE PROCESS OF ECONOMIC
DEVELOPMENT 516 (2d ed. 2004) (describi ng the rise of structural ad justment lending since 1979 and
development of the W orld Bank’s m ission to “guide the econom ic trajectory of entire nations”); and
JOSEPH E. STIGLITZ, GLOBALIZATION AND ITS DISCONTENTS (2002) (providing an account of the role of
international institutions in structural economic reform).