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Realization of the Right to Development: Prospects for Drafting a Convention on the Right to Development

Realization of the Right to Development: Prospects for Drafting a Convention on the Right to Development
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摘要 Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North persists on apt domestic conditions in developing countries such as rule of law, good governance, democracy and responsible economic management. And while the NonAligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration. In fact, drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent. The potential added value of a Framework Convention on the Right to Development is to balance the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships. Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North persists on apt domestic conditions in developing countries such as rule of law, good governance, democracy and responsible economic management. And while the NonAligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration. In fact, drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent. The potential added value of a Framework Convention on the Right to Development is to balance the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships.
出处 《The Journal of Human Rights》 2015年第6期548-558,共11页 人权(英文版)
关键词 rights to development convention on the right to development Nnited Nations rights to development convention on the right to development Nnited Nations
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参考文献5

  • 1Implementing the Right to Development:The Role of International Law. . 2008
  • 2Final Document,14th Summit Conference of Heads of State or Government of the Non-Aligned Movement,Havana,Cuba,11th to 16th of September,2006. NAM 2006/Doc.1/Rev.3 . 2006
  • 3Development as a Human Right. . 2006
  • 4Theodor Rathgeber.'Dialogues as a Challenge:The EU in the Human Rights Council 2007 and 2008'. European Yearbook on Human Rights . 2009
  • 5Bonny. Ibhawoh.??The Right to Development: The Politics and Polemics of Power and Resistance(J)Human Rights Quarterly . 2011 (1)

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