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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.
'Structural adjustment' has been a central part of the development strategy for the 'third world'. Loans made by the World Bank and the IMF have been conditional on developing countries pursuing rapid economic liberalization programmes as it was believed this would strengthen their economies in the long run. M. Rodwan Abouharb and David Cingranelli argue that, conversely, structural adjustment agreements usually cause increased hardship for the poor, greater civil conflict, and more repression of human rights, therefore resulting in a lower rate of economic development. Greater exposure to structural adjustment has increased the prevalence of anti-government protests, riots and rebellion. It has led to less respect for economic and social rights, physical integrity rights, and worker rights, but more respect for democratic rights. Based on these findings, the authors recommend a human rights-based approach to economic development.
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'Each chapter analyses both policy areas, access to medicines and agriculture/genetic resources. These three exceptionally rich, fieldwork-based case studies constitute the meat – and the principal contribution – of this book. . . The book marks a major contribution for the empirical material alone.' – Ken Shadlen, Journal of Development Studies 'Duncan Matthews has produced a first-rate, in-depth analysis of the role of NGOs in international and national intellectual property policy. Based on extensive primary research, this book provides a smart, thoughtful perspective on the role of key developing country NGOs, NGOs' relationships with national policymakers, and with multilateral institutions. Everyone interested in the interface of intellectual property policy and human rights, development, access to medicines, farmers' rights, and biodiversity should read this compelling account. I highly recommend this excellent contribution to our understanding.' – Susan K. Sell, George Washington University, US 'One of the features of international negotiations has been the increasing participation of non-governmental organizations. In this important book, Duncan Matthews shows the nature and extent of NGO influence in the negotiations over intellectual property. Written with great clarity and drawing on interview data and case studies, the book will be valuable to both scholars and practitioners working in international negotiation.' – Peter Drahos, Australian National University 'This book reveals how non-governmental organizations helped developing countries to better understand and mitigate the impact of the new standards of intellectual property protection that those countries were forced to adopt in the context of trade negotiations. Based on comprehensive and rigorous research, the author offers an outstanding piece that will not only be important for academics, policy-makers and students working in the area of intellectual property, but also for those more broadly interested in the implementation of human rights, coalition-building scenarios and framing strategies.' – Carlos Correa, University of Buenos Aires, Argentina 'This is a valuable corrective to a debate that is too often premised on the perspective of rich and developed countries. Focussing on the network of NGOs that supports developing countries, Duncan Matthews fills a major gap in the analysis of international disputes about intellectual property. His analysis rightly demolishes the position that developing countries have remained helpless in the face of developments in the global governance of IPRs, and helps explain how the global politics of IPRs is shifting.' – Christopher May, Lancaster University, UK This insightful and important new book explores the role played by non-governmental-organizations (NGOs) in articulating concerns at the TRIPS Council, the WIPO, the WHO, the CBD-COP and the FAO that intellectual property rights can have negative consequences for developing countries. Duncan Matthews describes how coalitions of international NGOs have influenced the way that the relationship between intellectual property rights and development is understood, often framing the message as a human rights issue to emphasize these concerns and ensure that access to medicines, food security and the rights of indigenous peoples over their traditional knowledge are protected. Based on extensive research undertaken in Geneva and in developing countries, the book also reveals how NGOs and broader social movements in Brazil, India and South Africa have played a crucial role in addressing the negative impacts of intellectual property rights by using human rights law as a practical tool before national courts and when seeking to influence national legislation and government policy. Intellectual Property, Human Rights and Development will appeal to academics, practitioners, activists, international negotiators and postgraduate students in intellectual property law, human rights law, the international political economy of intellectual property rights and development studies.
Since 1985 seven Yearbooks have appeared containing articles on recent developments with regard to human rights in developing countries. Besides topical information on current issues and trends that pertain to these countries in general, the Yearbook describes the current situation in a selected group of developing countries. The Yearbook 1994 contains national reports on Angola, China, Ghana, Honduras, Pakistan, Sri Lanka and Tanzania. The authors and editors of the Yearbook use a broad definition of "human rights" meaning not merely civil and political rights but economic, social and cultural rights as well. This broad and modern perspective on the issue is reflected in the contents of the national reports and in the thematic studies in the first part of the book, covering a wide range of issues relevant to human rights in the developing world. Among the topics covered by the thematic studies this year are the Convention on the Rights of the Child, the influence of recognized human rights standards in the national politics of Eastern Europe, the social cost of adjustment and human rights protection and an evaluation of recent positive measures taken in the sphere of North-South cooperation. The Yearbook is an initiative of human rights institutes in Austria, Denmark, Norway, Sweden and the Netherlands with the purpose of reaching a wide audience interested in both human rights and development aid issues.
In this thought-provoking book, Jean-Pierre Chauffour argues that freedom in all its economic, civil, and political dimensions is the only internally consistent and mutually supportive way of thinking about development and human rights.
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 collection of papers presents an argument in support of action for human rights in the Third World, emphasizing not economic or historical determinism but rather the importance of political choice by elites in deciding which rights to violate or respect.