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Sovereign Debt and Human Rights$
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Ilias Bantekas and Cephas Lumina

Print publication date: 2018

Print ISBN-13: 9780198810445

Published to Oxford Scholarship Online: January 2019

DOI: 10.1093/oso/9780198810445.001.0001

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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: 22 June 2021

Sovereign Debt and the Right to Development

Sovereign Debt and the Right to Development

Chapter:
(p.248) 13 Sovereign Debt and the Right to Development
Source:
Sovereign Debt and Human Rights
Author(s):

Gail Hurley

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198810445.003.0014

The right to development is an over-arching, synthesis-based collective right that has found a solid place in the international human rights architecture. Under the UN Declaration on the Right to Development, States have the primary responsibility for establishing national and international conditions favourable to the realisation of the right to development. According to the high-level task force on the implementation of the right to development, this responsibility is at three levels: (a) States acting collectively in global and regional partnerships; (b) States acting individually as they adopt and implement policies that affect persons strictly not within their jurisdiction, and (c) States acting individually as they formulate national development policies and programmes affecting persons within their jurisdiction. The right to development also implies the full realisation of the right of peoples to self-determination. In many contexts, however, onerous debt service obligations and related conditionalities often undermine country ownership of national development strategies, thereby threatening the right to development.

Keywords:   Right to development, linkages, conditionalities, socio-economic rights, sustainability

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