How do Rights Become Probable in the Global Context?

Abstract

In this article is analysed how is the emergence of rights in favour of people with less power in the global context probable and is explored what could be the most integral socio-legal approach to discuss this issue, related with the so-called problem of disregard. The analysis took as a case study the figure of the European Works Councils and led to the conclusion that the emergence of rights in that event was achieved through the mediation of a structure that comprises three components: (1) the declaration of a common aim or a kind of program, and (2) specialised structures that (3) perform specific functions. In the paper, this is called “program-driven and structurally mediated functions.” Although the different theoretical approaches to legal globalisation address some of the components of this structure, the theory of the International Public Authority provides a systemic vision that allows addressing the problem in a more comprehensive and articulated way.