Myth of Equality
Wigneswaran, Nirmalaguhan
2006
- Submitted in partial fulfillment of the degree Master of Arts in Law and Diplomacy at the Fletcher School of Law and Diplomacy. Abstract: Equality is a means not an end. It serves many purposes and is often a very efficient one. However, depending on the ends preferred, more efficient means may replace equality as the means to achieve such ends. In so far as different means may achieve preferred ... read moreoutcomes better, such means may replace equality in the context of achieving such preferred outcomes. A priori it could be concluded that a modern day system of innumerable social interactions and consequently innumerable rules, which is outcome oriented, would have a complex web of norms, the interplay of which would determine the extent to which the principle of equality could be employed. An analysis of selected judicial dicta in the realms of international trade law and human rights law in the area of equality or its counterpart non-discrimination, across jurisdictions, both domestic and international, substantiates this claim. The analysis includes a study of WTO, ECJ, US and ECHR decisions. An approach that abandons the ideal of equality and recognizes the aims and effects approach, which in practice is employed, would be less disingenuous and more explanatory of the diverse decisions in this regard.read less
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- br86bf130
- Component ID:
- tufts:UA015.012.DO.00147
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