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particular, recognizes the latter sorts of ties but properly extends them more globally as contemporary economic relations expand across borders. The overall theory I have developed attempts to incorporate all three of these factors in a coherent fashion—the cosmopolitanism of human rights, the claims of (democratic) political andother more local communities, and the growing social relatedness given globalization. Here, we can more narrowly frame the issue in terms of the sort of human rights approach the theory entails and its implications for global justice. First, human rights hold not only against states but as goals they require the development of a range of economic, social, and political institutions that would realize them. There is no reason to restrict these to institutions within the nation-state; transnational institutions and networks are required as well. Moreover, without going so far as to use human rights to cover all laws and rules of whatever sort, we can see that such rightsare increasingly being taken (correctly) to hold against institutions below (as well as across) the level of nation-states. Correlatively, we can propose that the redistributive effects we seek, aimed at alleviating global poverty and the elimination of exploitation, will require developing solutions that are not exclusively statist in their focus, but engage this variety of cross-border associations and networks. Political and other communities also come into play when we recognize that democracy is itself a human right. Although the Universal Declaration and the Civil and Political Covenant 14
Carol C. Goulduse the language only of political participation and free elections, a right to democracy is increasingly being recognized in international law. Moreover, self-determination is recognized in the Covenant in its first article. In addition, as I have argued in Globalizing Democracy and Human Rights, there are other important interconnections between human rights and democratic participation (besides the fact that these rights can serve to constrain democratic decisions).27As Henry Shue already argued in his early work Basic Rights, democratic participation importantly works to implement and preserve economic rights.28Moreover, I have argued that in order to determine what the impacts of policies are on people’s human rights, we need to hear from them and not only imagine these impacts.29As I will note again in the final part, this supports new requirements of democratic accountability in the institutions of global governance and of transnational representation, if we are to fulfill people’s human rights.30Moreover, I propose thatwherever decisions or policies prospectively impact the possibilities for people to fulfill their basic rights that they ought to be able to provide input into these decisions.

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Term
Fall
Professor
Thomas Crain
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