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The Right to Development and International Economic Law

The Right to Development and International Economic Law
Author: Isabella D Bunn
Publisher: Bloomsbury Publishing
Total Pages: 368
Release: 2012-03-01
Genre: Law
ISBN: 1847319106

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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.


International Economic Law in the 21st Century

International Economic Law in the 21st Century
Author: Ernst-Ulrich Petersmann
Publisher: Bloomsbury Publishing
Total Pages: 574
Release: 2012-07-24
Genre: Law
ISBN: 1847319815

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The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.


The Right to Development and International Economic Law

The Right to Development and International Economic Law
Author: Isabella Bunn
Publisher:
Total Pages: 368
Release: 2012
Genre: Developing countries
ISBN: 9781472565884

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This book explores the debate about the usefulness of the 1986 UN declaration stating that the right to development is an inalienable human right.


Realizing the Right to Development

Realizing the Right to Development
Author: United Nations. Office of the High Commissioner for Human Rights
Publisher:
Total Pages: 584
Release: 2013
Genre: Political Science
ISBN:

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This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.


The Right to Development in International Law

The Right to Development in International Law
Author: Subrata Roy Chowdhury
Publisher: BRILL
Total Pages: 441
Release: 2023-11-27
Genre: Law
ISBN: 9004637680

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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.


International Economic Law, Globalization and Developing Countries

International Economic Law, Globalization and Developing Countries
Author: Julio Faundez
Publisher: Edward Elgar Publishing
Total Pages: 513
Release: 2010
Genre: Law
ISBN: 1849806675

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This book is both breathtaking in its scope and impressive in its attention to legal and institutional detail in situating developing countries in the evolving body of international economic law. Essays in this volume canvas most important areas of international economic law, including international trade law, international financial regulation, the regulation of foreign direct investment and multinational corporations, foreign aid, the enforcement of human rights standards and core international labour standards on multinational corporations, international enforcement of anti-corruption conventions, international competition law, international intellectual property rights, and international environmental law. A pervasive theme, compellingly developed, in most of these papers is the asymmetric structure of international institutions that generate rules in these various areas, in which developing countries are mostly rule takers, rather than equal participants. The current global financial crisis may provide a welcome opportunity for re-evaluating these institutional asymmetries. In any such re-evaluation, this book will provide a veritable cornucopia of constructive new insights.


Development as a Human Right

Development as a Human Right
Author: Bård-Anders Andreassen
Publisher: Intersentia NV
Total Pages: 454
Release: 2010
Genre: Business & Economics
ISBN:

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Bsrd A. Andreassen is Professor at the Norwegian Center for Human Rights and Director of Research (human rights and development) at the Law Faculty, University of Oslo. --


The Right to Development in International Law

The Right to Development in International Law
Author: Subrata Roy Chowdhury
Publisher: Martinus Nijhoff Publishers
Total Pages: 450
Release: 1992-04-09
Genre: Political Science
ISBN: 9780792316824

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2.3 BITs v CERDS.


International Economic Law

International Economic Law
Author: Leïla Choukroune
Publisher: Cambridge University Press
Total Pages: 847
Release: 2021-07-22
Genre: Law
ISBN: 1108423884

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An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.


Principles of International Economic Law, 3e

Principles of International Economic Law, 3e
Author: Matthias Herdegen
Publisher: Oxford University Press
Total Pages: 657
Release: 2024-07-04
Genre: Business & Economics
ISBN: 0198897839

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Herdegen's Principles of International Economic Law has established itself as a leading textbook in the field. This fully updated third edition covers areas of growing relevance in international economic law, including corporate social responsibility, challenges for WTO law, the impact of human rights and environmental law, and cryptocurrencies.