[governance] Rights in IG research

Sun Aug 17 21:55:54 EDT 2008

Milton and all,

  My remarks and observations below Miltons...

Milton L Mueller wrote:

> Avri, thanks for pondering it.
> Just to recall what my objection is, and it's important to be clear
> about this:
>
> * The problem with a so-called "right to development" is that a "right"
> implies an actionable claim against a specific party, who is obligated
> to provide or protect the right. Who do you make this claim against? If
> my economy does not develop, who do I sue? What tangible party is fully
> capable of delivering "development" on demand? The UN General Assembly,
> which declared it? (hah!)

  Very good point.  Certainly we could not count on ICANN either!
Double (hah!)

>
>
> * One could meaningfully assert a negative right, a right not to have
> other companies, individuals or nations interfere with their economic
> activity in ways that violate or impair their development. But this is
> an extension of other basic rights, such as property rights (i.e., theft
> of resources) or rights to be free from violence (i.e, invasion, coups
> d'etat, etc.). In such cases, it is very clear who the right is claimed
> against and who it constrains or obligates.

Exactly, and nicely stated!

>
>
> So, please do not think that by denying the existence of a "right to
> development" I am unconcerned about the need for economic and social
> development in LDCs or elsewhere. I just don't think the concept makes
> any sense or that its assertion accomplishes anything.

It's assertion accomplishes only a likelyhood of negitive informational
warfair, which we have been seeing more and more of over the
past 5-6 years...

>
>
> Milton Mueller
> Professor, Syracuse University School of Information Studies
> XS4All Professor, Delft University of Technology
> ------------------------------
> Internet Governance Project:
> http://internetgovernance.org
>
>
> > -----Original Message-----
> > From: Avri Doria [mailto:avri at psg.com]
> > Sent: Monday, August 18, 2008 2:28 PM
> > To: Governance List
> > Subject: Re: [governance] Rights in IG research
> >
> > <probably an irrelevant aside>
> >
> > On 18 Aug 2008, at 13:55, Milton L Mueller wrote:
> >
> > > Parminder and I had a long debate about
> > > the "right to development," which I consider a paradigmatic
> > instance
> > > of
> > > the manufacture of an incoherent right. Not possible to recap that
> > > debate here, and I know I am challenging conventional sentiment
> > > among CS
> > > types, but I'm not backing down because i think rights-inflation and
> > > sloppy thinking about what constitutes basic human rights is really
> > > damaging to the realization of real human rights.
> >
> >
> > ever since that discussion (where i sort of sided with Parminder) i
> > have been trying to work my way through the issue, though, i must
> > confess,  from a philosophical point of view.
> >
> > being somewhat slow, i have not gotten very far, but have
> > gotten to a
> > point  where i think that we fall into a problem between the
> > notion of
> > basic human rights and those that are derivative from other
> > the basic
> > human rights.
> >
> > i am not sure which are which yet, at least not from a strict
> > philosophical analysis, but from a pragmatic/political point of view
> > anything defined in UDHR can be called basic as it
> > constitutes agreed
> > language that the signatories can be held to (of course taking into
> > account the get out of rights trump clause - 29).
> >
> > this does not mean that those that are not in UDHR are not as
> > important, more immediately accessible or perhaps the way to
> > achieving
> > the basic rights, but they are not basic indisputable rights.
> >
> >
> > a.
> >
> >
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