A Mexican International Economic Order? Tracing the Hidden Roots of the Charter of Economic Rights and Duties of States

Author(s):  
Christy Thornton
Author(s):  
Edward McWhinney

The claims on behalf of a new international economic order and for the corresponding change in the basic structure of international law that such a postulated new order is thought to imply, are proclaimed, in programmatic form, in two resolutions adopted without vote by the United Nations General Assembly at its Sixth Special Session on May 1, 1974 — the Declaration on the Establishment of a New International Economic Order, and the so-called Programme of Action on the Establishment of a New International Economic Order; and in the further Charter of Economic Rights and Duties of States, adopted by the General Assembly at its agth regular session on December 12, 1974, this time by a recorded vote of 120 to 6, with 10 abstentions.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-16
Author(s):  
Shenoy Amritha Viswanath

In the beginning of the human rights discourse, emphasis was on civil and political rights. Later, the thrust of the discourse moved to social and economic rights. Economic rights were demanded by the developing world manifesting in the form of Permanent Sovereignty over Natural Resources and the New International Economic Order. Due to the untiring efforts of these members, economic rights are reflected, enunciated and promoted in the international human rights instruments created under the aegis of the UN. The OHCHR has an innovative approach towards the guaranteeing of economic rights. For instance, the Office has a human rights approach towards poverty alleviation. It also recognises different duty holders in promoting human rights like the Transnational Corporations apart from the governments and civil society in ensuring human rights (especially in the interlinkages on Business and Human Rights). These new approaches has transformed the promotion of economic rights. The question is whether the international economic order has benefited from the promotion and guaranteeing of the economic rights. The aim of the present article is to analyse the impact of UN efforts in promoting economic rights and its repercussions on the formation of a newer international economic order.


Author(s):  
Christy Thornton

In December of 1974, Mexico’s president, Luis Echeverría, stood before the General Assembly of the United Nations to present the founding principles of what was to be a New International Economic Order, a project intended to address the economic crisis then wracking the Third World. The principles that the Mexican president imagined were codified a document that Echeverría had been drafting over the previous two years, the Charter of Economic Rights and Duties of States. This chapter traces this advocacy to discover the Mexican roots of the New International Economic Order, and in so doing demonstrates how Mexican diplomats, economists, and policymakers shaped not only ideas about sovereignty, self-determination, and economic development during the twentieth century, but also the codification of those ideas in international law, agreements, and institutions.


Author(s):  
Edward McWhinney

The movement on behalf of a new international economic order emerged in the early 1970’s and achieved an early, signal success with three great ventures in international lawmaking by the United Nations General Assembly in 1974 and 1975. These were the Declaration on the Establishment of a New International Economic Order, the Programme of Action on the Establishment of a New International Economic Order, and the Charter of Economic Rights and Duties of States. All three acts were adopted in the form of General Assembly resolutions, the first two by consensus and without formal vote, at the Sixth Special Session of the General Assembly. The Resolution on the Charter of Economic Rights and Duties of States, being pushed to a vote at the succeeding regular Annual Session, was adopted by 120 to 6, with 10 abstentions (with the United States, Great Britain, and West Germany among the negative votes, and France, Italy, Japan, and Canada among the abstentions).


Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah

This chapter is a study of the themes of the New International Economic Order (NIEO). It begins with the notion of justice that had been constructed in imperial law to justify empire and colonialism. The NIEO was the first time a prescription was made for justice in a global context not based on domination of one people over another. In its consideration of the emergence of a new notion of justice in international law, the chapter discusses the reasons for the origins of the NIEO, and goes on to describe the principles of the NIEO and the extent to which they came into conflict with dominant international law as accepted by the United States and European states. Next the chapter deals with the rise of the neoliberal ideology that led to the displacement of the NIEO and examines the issue of whether the NIEO and its ideals have passed or whether they continue to be or should be influential in international law. Finally, the chapter turns to the ideas of the NIEO alongside new efforts at promoting a fuller account of justice by which to justify and evaluate international law.


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