STATEMENT ANALYSIS

The Charter Of Economic Rights And Duties Of States, 1974 Identifies The Principle Of Commercial Diplomacy

The Charter Of Economic Rights And Duties Of States, 1974 Identifies The Principle Of Commercial Diplomacy

Introduction

Charter of economic rights and duties of states assed in 1974 by the UN General Assembly document supplements the Universal Declaration of Human Rights. It is based on the economic sovereignty of nations and an international social obligation of economic action, the Charter basic demands of the developing countries for the design of a new world economic order.

Discussion

This paper critically looks at perceptions and realities surrounding the jurisprudence of socio-economic rights. I will attempt to illustrate that a perception of socio-economic rights as mere constitutional directives rather than real and enforceable rights is detrimental to the social well-being of a society. Particularly. I focus on South Africa and Canada. as countries of reference for this assertion by considering each country's domestic policies regarding constitutional rights and social obligations of the government. Using these considerations as the basis of my paper. I hope to show. focusing on the right to housing. that the absence of socio-economic rights in the Canadian Charter has adversely affected the rights of the poor in Canadian society. because the state is under no constitutional obligation to provide for their needs. On the other hand. I use the South African constitution and its recognition of socio-economic rights to illustrate that the rights of the poor are greatly enhanced because of the power they attain through constitutional recognition of socio-economic rights. This right can not and must not be prevented. However, the anchoring of Article 5 provided in the Charter, the members of a commodity cartel, an additional justification to make their policy on raw materials not only for their own national economies, but also to use as a means to achieve their global interests. In Article 5 should be read only that the right to maintain organization of raw material producers, not a possible abuse is prevented. The oil crisis has revealed the view of many industrialized countries, that such a producer cartel is a risk that rivals of being misused for political purposes and not necessarily to promote the steady growth of world economy and the development of developing countries' contribution. Therefore appears to adopt such a controversial article as the fifth by the UN General Assembly as a surprising turn-of industrialized countries.

It is not my intention that this paper be read to imply that a recognition of socio-economic rights is the answer to all problems of poverty. The South African government is by no means even close to winning the battle against poverty at this stage. However. they are on terms. by the Constitution. the supreme law of the land. to act to alleviate the problem. This is a very important step because it ensures that people who are disempowered by poverty do not face the battle alone. The state is a very powerful ally to ...