The Right to Development in International Law

Front Cover
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
The proclamation of a peoples right to development mediating
3
an introductory
7
X
10
THE RIGHT TO DEVELOPMENT IDEAS
25
Maria Magdalena KenigWitkowska
35
theoretical aspects
43
65
49
democracy
191
creating national conditions for development
213
ment
220
Towards a legal framework for rights and obligations
240
beneficiaries
246
The World Court and the development of environmental law
252
economic order
259
Sushil Kumar Mukherjee
267

people with special reference to the African developing
70
popular participation a challenge to
80
development within the European Community and
89
Principles and legal instruments of the right to development
97
Some comparative and more general conclusions
108
Conclusions
134
rights
145
development
155
Shamsul Bari
167
Jagdish Narain Saxena
179
development and their realization in international
273
Intergenerational equity and optimum sustainable yield
281
proposal
287
Umesh Chandra Banerjee
311
David Flint
343
sions
353
lendingpolicies of Worldbank and International
379
The need for a doctrine of human rights in IMF and World
387
Conclusion and recommendation
395
Copyright

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