Author: Arjun Sengupta
Publisher: SAGE
ISBN: 9780761933700
Category : Business & Economics
Languages : en
Pages : 374
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Book Description
The Right to Development (RTD) is a new and highly contested right. Its emergence is linked to the demand for a `new international economic order’ by developing countries. Composite in nature and integrating civil and political rights with economic, social and cultural rights, the RTD approach underscores participation, a fair sharing of benefits, transparency and non-discrimination. The present volume explores the theoretical and practical aspects of RTD as an alternative to existing approaches to development. It brings together the reflections and insights of some of the finest scholars on the specific aspects of RTD.
Author: Kemal Baslar
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041105059
Category : Law
Languages : en
Pages : 468
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Book Description
The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.
Author: Carol Chi Ngang
Publisher: Rowman & Littlefield
ISBN: 1538144549
Category : Political Science
Languages : en
Pages : 452
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Book Description
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.
Author: Isabella D Bunn
Publisher: Bloomsbury Publishing
ISBN: 1847319106
Category : Law
Languages : en
Pages : 368
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Book Description
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.
Author: Khurshid Iqbal
Publisher: Routledge
ISBN: 1134019998
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
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.
Author: Markus Kaltenborn
Publisher: Springer Nature
ISBN: 3030304698
Category : Climatic changes
Languages : en
Pages : 246
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Book Description
This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.
Author: Carol C Ngang
Publisher: Pretoria University Law Press
ISBN: 1920538844
Category : Law
Languages : en
Pages : 429
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Book Description
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.
Author: Carol Chi Ngang
Publisher: BRILL
ISBN: 9004467904
Category : Social Science
Languages : en
Pages : 433
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Book Description
In The Right to Development in Africa, Carol Chi Ngang provides a conceptual analysis of the human right to development with a decolonial critique of the requirement to have recourse to development cooperation as a mechanism for its realisation. In his argumentation, the setbacks to development in Africa are not necessarily caused by the absence of development assistance but principally as a result of the lack of an operational model to steer the processes for development towards the highest attainable standard of living for the peoples of Africa. Basing on the decolonial and capability theories, he posits for a shift in development thinking from dependence on development assistance to an alternative model suited to Africa, which he defines as the right to development governance.
Author: Mahbub ul Haq
Publisher: Oxford University Press
ISBN: 0195356306
Category : Business & Economics
Languages : en
Pages : 276
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Book Description
This work explores a new development paradigm whose central focus is on human well-being. Increase in income is treated as an essential means, but not as the end of development, and certainly not as the sum of human life. Development policies and strategies are discussed which link economic growth with human lives in various societies. The book also analyzes the evolution of a new Human Development Index which is a far more comprehensive measure of socio-economic progress of nations than the traditional measure of Gross National Product. For the first time, a Political Freedom Index is also presented. The book offers a new vision of human security for the twenty-first century where real security is equated with security of people in their homes, their jobs, their communities, and their environment. The book discusses many concrete proposals in this context, including a global compact to overcome the worst aspects of global poverty within a decade, key reforms in the Bretton Woods institutions of World Bank and IMF, and establishment of a new Economic Security Council within the United Nations.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004228837
Category : Business & Economics
Languages : en
Pages : 636
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Book Description
This book collects a large number of essays written in honour of Professor Ernst-Ulrich Petersmann by his friends, colleagues and former students. The respective contributions cover the fields of international economic law, international constitutional law/transnational constitutionalism, EU law and human rights. The broad thematic scope of this book mirrors the extremely large field of interests of the jubilarian. Paying tribute to a particular trait of Professor Petersmann ́s character who was always both a dogmatic thinker and a curious researcher, the authors try to cover both structural issues of law as well as most recent developments, in particular in the field of international economic law. “Construing” the constitution of international economic law, in both senses of this activity, was an aim throughout Professor Petersmann ́s academic career and this goal stands also at the heart of this book.
