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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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Is There a Human Right to Development?

Is There a Human Right to Development?

Chapter:
(p.199) 4 Is There a Human Right to Development?
Source:
International Development Law
Author(s):

RUMU SARKAR

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195398281.003.004

This chapter examines whether there is a human right to development. It is the most legally focused of all the chapters and essentially tracks the historical antecedents of the “right to development,” the Africanization of such rights, and the imposition of a duty-based regime under this and Islamic notions of what constitutes a human right to development. The “judicialization” of such international human rights discourse is also examined as a new trend in this area. The chapter considers the historical antecedents to the right to development and its theoretical foundations. The tensions between the international Covenant on Civil and Political Rights (ICCPR), and the international Covenant on Economic, Social and Cultural Rights (ICESCR) are examined. The influence of African states on the right to development is reviewed with a thorough examination of the Banjul Charter and its implications. The impact of the New International Economic Order (NEIO), the Monterrey Consensus, and the judicialization of human rights within the “right to development” spectrum are all critically reviewed. New trends and possibilities for the future of the right to development are discussed.

Keywords:   social rights, economic rights, right to development, Banjul Charter, Monterrey Consensus, self-determination, judicialization of human rights, New International Economic Order

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