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Realization of the Right to Development: Prospects for Drafting a Convention on the Right to Development
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作者 Mohammad Reza GHAEBI 《The Journal of Human Rights》 2015年第6期548-558,共11页
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... 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. 展开更多
关键词 rights to development convention on the right to development nnited Nations
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