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International Development LawRule of Law, Human Rights, and Global Finance$
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Rumu Sarkar

Print publication date: 2009

Print ISBN-13: 9780195398281

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195398281.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2021

International Development Law: Substantive Principles

International Development Law: Substantive Principles

(p.75) 2 International Development Law: Substantive Principles
International Development Law


Oxford University Press

This chapter discusses the new substantive principles of international development law with specific reference to: (1) parties (and the rights and privileges of different parties to the development process); (2) fundamental law principles of mutuality, the duty to cooperate, equitable participation in development, and transparency; (3) establishing legal norms (contextual and absolute); (4) a taxonomy of international development law (absolute norms, globalized laws, and relative norms); and (5) the institutional framework for international development is discussed in terms of enforcing legal norms. The chapter provides a new, researched template of analysis in which to structure the legal study of international development It sets forth the merits of establishing a World Bank Capital Transfer Appellate Board. The chapter proposes that capital transfers (as part of the development process) be subject to an adjudicatory process of review, thereby creating a new substantive body of public international law.

Keywords:   mutuality, duty to cooperate, transparency, rights, privileges, legal norms, institutional framework, World Bank

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