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International Development Law

International Development Law
Author: Rumu Sarkar
Publisher: Oxford University Press
Total Pages: 504
Release: 2009-10-29
Genre: Business & Economics
ISBN: 0195398289

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This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture.


International Development Law

International Development Law
Author: Rumu Sarkar
Publisher: Oxford University Press
Total Pages: 504
Release: 2009-10-22
Genre: Law
ISBN: 0199748586

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International Development Law: Rule of Law, Human Rights, and Global Finance provides a tightly interwoven, well-organized, multi-disciplinary approach to the complex legal issues underlying sustainable international development. Professor Sarkar provides an overarching view of the legal principles that constitute international development law in an easily understandable way. This book gives the reader new insights on the origins of global poverty, identifies legal impediments to long-term, sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues.


The Roles of International Law in Development

The Roles of International Law in Development
Author:
Publisher: Oxford University Press
Total Pages: 481
Release: 2023-10-21
Genre: Law
ISBN: 0192872923

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The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.


Sustainable Development As a Principle of International Law

Sustainable Development As a Principle of International Law
Author: Christina Voigt
Publisher: BRILL
Total Pages: 453
Release: 2009
Genre: Law
ISBN: 9004166971

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This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: a [ The relations between various international legal regimes, especially between international trade law and climate law, a [ The legal status of sustainable development as a principle of international law, and a [ The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.


The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

The Evolution of Sustainable Development in International Law: Inception, Meaning and Status
Author: Nico J. Schrijver
Publisher: BRILL
Total Pages: 276
Release: 2008-12-15
Genre: Law
ISBN: 9047444469

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Also available as an e-book In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.


Decolonising International Law

Decolonising International Law
Author: Sundhya Pahuja
Publisher: Cambridge University Press
Total Pages:
Release: 2011-09-29
Genre: Law
ISBN: 1139502069

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The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.


Case-Law and the Development of International Law

Case-Law and the Development of International Law
Author: Patrícia Galvão Teles
Publisher: Brill Nijhoff
Total Pages: 288
Release: 2021
Genre: Law
ISBN: 9789004467651

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"This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--


Human Rights and Development in International Law

Human Rights and Development in International Law
Author: Tahmina Karimova
Publisher: Routledge
Total Pages: 358
Release: 2016-04-28
Genre: Law
ISBN: 1317351657

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This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.