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This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.
This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.
2.3 BITs v CERDS.
The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.
This text considers the issues of world poverty and global justice, addressing the ability of people in poor or developing countries to have enough food, or clean water, or access to basic healthcare. It draws on international law aimed at the protection and promotion of human rights.
This book explores the right to development in international law. The volume draws on a range of relevant sources to analyze the legal status of international cooperation in contemporary international law, before going on to explore the domestic application of the right to development looking at the example of Pakistan.
This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture.
The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.