World Development Law: Sharing Responsibility for DevelopmentThe 1986 United Nations Declaration on the right to development declares that the human person is the central subject of development. World Development Law takes this statement as a starting point. To what extent has the branch of international law that deals with North-South relationships changed since 1986? What has been the effect of moving the individual to the centre of the stage in development relationships? Clearly, the relationship between development co-operation and human rights has been reinforced. More generally however, there is growing recognition of the need to involve a multiplicity of actors in the development process. The emphasis on the individual has implied increased roles for actors at the subnational level, such as indigenous, nongovernmental and community organisations. At the same time, doubts about the capacity of the State to master the development process have grown as well. What can be expected from heavily indebted States, or from States that rely on private companies that exploit their natural resources? Fascinating developments are occurring indevising the responsibility for development of international trade and financial intergovernmental organisations and of transnational corporations. World Development Law introduces current trends in defining the development roles of each of the relevant actors in concise 30-pages chapters. The final chapter formulates a number of proposals on what a future humane order could look like. In essence the approach is a legal one, but the book should also appeal to those engaged and interested in development and human rights from the perspective of other disciplines. |
Contents
CHAPTER | 1 |
a Peace | 8 |
e Democracy | 15 |
b The duty to engage in development cooperation | 24 |
с OECD development objectives | 30 |
The UN Declaration on principles of international law concerning | 35 |
Introduction | 36 |
ANC African National Congress | 42 |
B Further developments | 157 |
a World Bank Operational Directive 4 20 | 164 |
Conclusion | 170 |
CHAPTER 6 | 173 |
EDF European Development Fund | 177 |
B The substance of corporate responsibility for development | 183 |
A Law | 191 |
B Selfregulation | 199 |
B The democratic requirement | 53 |
Conclusion | 67 |
B The effect of decolonisation | 80 |
DAC Development Assistance Committee | 88 |
B The World Trade Organisation | 94 |
DSU Dispute Settlement Understanding | 95 |
A The European Union in international relations | 111 |
ECHO European Community Humanitarian Office | 113 |
с Internal policies | 118 |
с Unilateral trade preferences | 124 |
B Geographic specialisation | 132 |
Interregional cooperation | 140 |
ECOSOC Economic and Social Council | 142 |
CHAPTER 5 | 147 |
Conclusion | 207 |
B NGO development cooperation strategies | 217 |
Nongovernmental organisations as autonomous actors | 225 |
Disputants | 231 |
b The World Trade Organisation dispute settlement system | 237 |
CHAPTER 8 | 243 |
Human rights | 245 |
EU European Union | 256 |
Human rights and international economic relations | 262 |
с The World Trade Organisation | 279 |
BIBLIOGRAPHY | 293 |
GDP Gross Domestic Product | 302 |
Common terms and phrases
achieve ACP countries activities actors adopted Africa agenda for development Agreement approach Article Assembly assistance Charter co-ordination colonial powers Commission Community companies context corporations Cotonou Agreement Council Court cultural rights decision-making Declaration decolonisation democracy democratisation developing countries development 1994 development co-operation discussed dispute settlement donors EC Treaty ECOSOC ensure environmental ESC rights establishment European European Union foreign framework GATT global groups Guidelines human development ICCPR impact implementation independent indigenous individual international law issues labour liberalisation ment monitoring NGOs non-governmental organisations obligations OECD operation Panel parties population principle procedures protection realisation recognised Reebok regional relevant resolution right to development right to self-determination role social and cultural society specialised agencies standards strategy territory tion TNCs UN Charter UN General Assembly UNCTAD UNDP United Nations violations World Bank World Bank group World Trade Organisation



