scholarly journals Contents and Implementation of the Right to Development under International Law

2012 ◽  
Vol null (38) ◽  
pp. 433-454
Author(s):  
Bok-Hee Chang
Keyword(s):  
International Law ◽  
Right To Development ◽  
The Right

The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels

2008 ◽  
Vol 1 (1) ◽  
Author(s):  
Bhupinder Chimni
Keyword(s):  
Human Rights ◽  
International Law ◽  
Technological Progress ◽  
International System ◽  
Social Constraints ◽  
International Human Rights ◽  
Right To Development ◽  
The Social ◽  
International Human ◽  
The Right

The Sen conception of `development as freedom' represents a departure from previous approaches to development that focused merely on growth rates or technological progress. Sen however fails to adequately address the social constraints that inhibit the realization of the goal of `development as freedom.' There is an interesting parallel here with developments in contemporary international law. While contemporary international law incorporates the idea of `development as freedom' in international human rights instruments, in particular the Declaration on the Right to Development, mainstream international law scholarship has like Sen failed to indicate the constraints in the international system that prevent its attainment. Since Sen is today among the foremost thinkers on the idea of development reviewing the parallels between his conception of development and mainstream international law scholarship is helpful as it offers insights into the limits of both.

scholarly journals Is Development a Lost Paradise? Trade, Environment, and Development: A Triadic Dream of International Law

2007 ◽  
Author(s):  
Upendra D. Acharya
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Developing Nations ◽  
Environmental Concerns ◽  
Right To Development ◽  
The World ◽  
History Of ◽  
Environment And Development ◽  
The Right ◽  
Developed Nations

After providing a brief background on international law, the history of the right to development is discussed. International law, as it exists today, has been abused by developed nations in their position of power over underdeveloped nations. The right to development, first formalized by the United Nations in 1986 with the Declaration on the Right to Development, was meant to give people of the developing world a right to development. However, the right to development has been supplanted by the concept of sustainable development, as orchestrated by the developed nations. It was hopeful that organizations like the World Trade Organization would implement the right to development through trade; however, these organizations have become merely a tool for the developed nations and associated corporations to continue their dominance over developing nations. Environmental concerns in recent times have shifted the international focus from the right to development to sustainable development, and the right to development has been overlooked. A legal right to development must be recognized before sustainable development can be applied as a tool to benefit underdeveloped nations through environmental and trade-related policy.

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