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1 Hum. Rts. L. Rev. 1 (2001)
Too Many, or Too Few, Human Rights

handle is hein.journals/hrlr1 and id is 13 raw text is: TOO MANY, OR TOO FEW, HUMAN RIGHTS?

Upendra Baxi*
OVERPRODUCTION OF HUMAN RIGHTS?
Is it the case that the Christian Twentieth Century 'suffers' from an overproduction
of human rights standards and norms, to wit that it entails a policy and resource
overload which no government or regime, howsoever conscientious, can bear? Does
'overproduction' entail a belief that each and every major human social problem can
be best defined and solved in terms of human rights (through the talismanic property
of human rights enunciations)? Should concentrations of economic power be allowed
to harness these talismanic propertiesT
In addressing the thesis of overproduction, one of course makes many ideological
assumptions. For example, one assumes a distinction (to which Baudrillard draws
our attention2) between production and seduction, the former making the invisible
visible and the latter making the visible invisible. Anyone familiar with the manner in
which the United Nations discursivity is produced needs no instruction in the ways
in which the final texts render invisible the original, and even often lofty, aspiration.
There is also the dimension of narcissism of producers, be these the authors of
international human rights, the makers of modem constitutions or the NGOs who
shape (or think that they shape) many a new enunciation. In a sense, then, human
rights production also entails patterns of seduction: a loss of order of reflexivity of
what is being produced and at whose cost, and for whose gain, indeed to the point
of being alienated production.
Similarly, the 'overproduction' metaphor conceals from view the authorship of
the violated. When the production of human rights normativity is seen primarily, or
even wholly, as an act of collective labour of the bleary-eyed draftspersons and
negotiators who must somehow marshal in the early hours of the morning the
eleventh-hour consensus on a phrase regime, one is looking at the process of
* Professor, School of Law, University of Warwick. This article is taken, with minor
modifications, from the text of a chapter in Baxi, The Future of Human Rights (Delhi:
Oxford University Press, IBN 0-19-565289-4, to be published in 2001). Oxford University
Press permission to print the text is gratefully acknowledged.
As is the case with the assorted interest groups of international airlines, hotels, travel agents
who assiduously lobby the UN to proclaim a universal human right of tourism? And when a
group of predator investment organizations produce a Draft Multilateral Agreement on
Investment? May the aggregations of capital and technology be disabled always from acting
upon the capitalist belief that protection of its rights as human rights is the best assurance
there is for the amelioration of the life-condition of the proletariat?
2  Baudrillard, Mirror of Production, trans. M. Poster (St Louis: Telos Press, 1975).

Human Rights Law Review - Volume 1, Number I - 2001

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