Chapter

International Development Law: Substantive Principles

RUMU SARKAR

in International Development Law

Published in print October 2009 | ISBN: 9780195398281
Published online February 2010 | e-ISBN: 9780199866366 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195398281.003.002
International Development Law: Substantive Principles

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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

Chapter.  36998 words. 

Subjects: Human Rights and Immigration

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