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Right to Development and International Economic Law: Legal and Moral Dimensions

ISBN13: 9781841136004
Published: March 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00

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In 1986, the UN declared the right to development to be an inalienable human right, entitling everyone to 'participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized.' Implementation of the declaration is now a priority for the UN, which seeks to mainstream the right into its policies and operational activities. Efforts are also underway to reformulate the right within an internationally-binding legal instrument. Although the right to development has been hailed as the cornerstone of the entire human rights system, serious misgivings about its validity and usefulness persist.

This book addresses the major questions in the debate, including the legal basis, substance and status of the right. It examines key principles that underlie the realization of the right to development, with particular reference to international economic law and policy. This timely analysis reflects the trend toward a rights-based approach to development in general. As both a lawyer and a theologian, the author also draws on the moral origins and influences of the right to development, providing a unique interdisciplinary focus of relevance to broader questions of ethical globalization.

Public International Law
Introduction: The Debate on the Right to Development
The Discourse within the United Nations
The International Legal Dimensions
The Moral Dimensions
Organization of the Book
1. The Context of the Right to Development
2. The Legal Formulation of the Right to Development
3. The Moral Basis of the Right to Development
4. The Right to Development as a Human Right
5. The Meaning of Development
6. The Substance of the Right to Development
7. The Legal Status of the Right to Development
8. The Challenges of Globalization
9. Principles for the Realization of the Right to Development
10. International Trading System
11. Financing for Development
12. Corporate Responsibility
Appendix 1 Text of the UN Declaration on the Right to Development
Appendix 2 Table of United Nations Core Human Rights Conventions
Appendix 3 Table of United Nations Documents and Reports
Appendix 4 Table of Church and Ecumenical Documents
Appendix 5 Table on the United Nations Global Partnership for the Right to Development"

Series: Studies in International Trade Law

Legitimacy of the World Trade Organisation ISBN 9781849463737
To be published August 2023
Hart Publishing
Free Trade and Cultural Diversity in International Law (eBook) ISBN 9781782251163
Published April 2013
Hart Publishing
Free Trade and Cultural Diversity in International Law ISBN 9781849464253
Published April 2013
Hart Publishing
Redefining Sovereignty in International Economic Law ISBN 9781841137018
Published April 2008
Hart Publishing
Human Rights Impact of the World Trade Organisation ISBN 9781841136936
Published July 2007
Hart Publishing
The Power to Protect: Trade, Health and Uncertainty in the WTO ISBN 9781841134826
Published December 2004
Hart Publishing