Chapter

Is There a Human Right to Development?

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/9780195398281.003.004
Is There a Human Right to Development?

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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

Chapter.  26950 words. 

Subjects: Human Rights and Immigration

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