The Right to Development in International Law

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Subrata Roy Chowdhury, Erik M. G. Denters, Paul J. I. M. de Waart
Martinus Nijhoff Publishers, 1992 M04 9 - 415 pages
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 Lome 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.

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Contents

Ranganath Misra and Madhukar Hiralal Kania
1
an introductory
7
Dutybearers
15
THE RIGHT TO DEVELOPMENT IDEAS
25
Prabodh Dinkarrao Desai
31
X
39
theoretical aspects
43
Legal theory and economic rights for peoples
54
Jagdish Narain Saxena
179
democracy
191
Concluding remarks
209
Subrata Roy Chowdhury
233
beneficiaries
246
economic order
259
Sushil Kumar Mukherjee
267
development and their realization in international
273

popular participation a new hope
61
The proclamation of a peoples right to development mediating
68
merits and shortcomings
83
DEVELOPMENT AS A PRINCIPLE OF
87
and the institutional framework for the implementation
96
Paul Peters
113
Conclusions
134
rights
145
development
155
Shamsul Bari
167
proposal
287
German proposal
297
Umesh Chandra Banerjee
311
Rangachari Muralidharan
335
David Flint
343
sions
353
Erik Denters
363
lendingpolicies of Worldbank and International
379
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