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 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.

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.

The last couple of decades has not only witnessed an increased convergence between human rights and development but also a significant shift towards rights-based approaches to development, including especially responsiveness to the fact that development in itself is a human right guaranteed to be enjoyed by all peoples. This edited volume of peer-reviewed papers constitutes the first product resulting from the annual international conference series on the right to development, organised by the Centre for Human Rights, University of Pretoria, and the Thabo Mbeki African Leadership Institute at the University of South Africa. It explores the complex nature of the right to development from a diversified perspective, including from a conceptual, thematic, country and regional points of view. Conceived with the purpose to overshadow dominant economic growth approaches to development, the perspectives on the right to development articulated in this publication seek to locate the developmentalist discourse within the framework of accountability and people-centred development programming, necessitating appropriate policy formulation to ensure the constant improvement in human well-being. The book is written with the aim to reach out to researchers, academics, practitioners and policy makers who desire an in-depth understanding of the right to development as it applies universally.

The arrival of the International Law: Achievements and Prospects can fairly be described as a major event in international legal publishing. It has been written by international lawyers from the North, the South, the East and the West, whose differing origins and different, or even opposed, academic backgrounds have ensured that the book encapsulates and brings into focus `the main forms of civilization' and `the principal legal systems of the world'. The book's most distinctive feature is its international, multi-cultural and polyphonic nature. International Law: Achievements and Prospects aims to inform and to educate, to make the discipline of international law accessible to a very broad public, and to promote a meeting of minds on fundamental notions, key concepts, and the guiding principles of international law, over and beyond frontiers, ideologies and doctrines. In addition, it is intended to provide a framework for thought, to describe what international law is today, to specify its nature, define its purpose and show its strengths, and also to point out its weaknesses. All the contributing authors are or have been practitioners of international law. Their contributions express a global view of international law which helps to unravel the complex reality of the contemporary world. International Law: Achievements and Prospects has been produced under the auspices of UNESCO; its content also aspires to reflect, in some measure, the imprint of that Organization's sponsorship.

This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

As the world continues to grapple with a range of practical development challenges that are directly linked to livelihood concerns about human well-being and declining living standards, often overlooked is the human right to development, which remains largely unfulfilled. In the face of successive global initiatives seeking to remedy these challenges, it has become urgent to ask what the universal recognition of the right to development implies if it cannot be translated into improved well-being for impoverished peoples around the world. The contributors in this timely volume argue that setbacks to development are deeply rooted in the failure to implement the right to development, which by nature guarantees equality of opportunities and equitable redistribution of the resources that contribute to better living standards. Assessing policy and practical measures (or the lack thereof), they offer practical suggestions for implementation that will make the right to development a reality for everyone.

Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2019 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge sharing process as a tool for courts working together in a universal constitutional structure; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN compact for the safe, orderly and regular migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.