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

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.

Research on the Constitutional,Historical and Practical Logic of the Chinese Path of Human Rights Development——From the Perspective of the Inclusion of Human Rights Clause in the Constitution

The inclusion of the human rights clause in the Chi-nese Constitution is a concern and expression of the spirit of the Con-stitution,which has laid the institutional regulations of the fundamen-tal law for the development of human rights in China,provided the principles and value norms of the highest level of effectiveness for the legal protection of human rights,and built a profound constitutional basis for the formation and improvement of the Chinese path of human rights development.The human rights clause is not only a summariza-tion and affirmation of the historical practice of Chinese human rights development under the leadership of the Communist Party of China,but also a new starting point for the development of human rights in China under the leadership of the Communist Party of China.It marks that the development of human rights in China has entered a new era.The Party and the state have finally embarked on a path of human rights development with Chinese characteristics by formulating and implementing the Human Rights Action Plan of China,eliminating ab-solute poverty through the national poverty alleviation campaign,and promoting human rights protection through the rule of law.

Pioneering a New Realm of Human Rights Civilization in the Chinese Path to Modernization——An Overview of the Symposium on“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”

On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China.

Conventional Geothermal Systems and Unconventional Geothermal Developments: An Overview

This paper provides an overview of conventional geothermal systems and unconventional geothermal developments as a common reference is needed for discussions between energy professionals. Conventional geothermal systems have the heat, permeability and fluid, requiring only drilling down to °C, normal heat flow or decaying radiogenic granite as heat sources, and used in district heating. Medium-temperature (MT) 100°C - 190°C, and high-temperature (HT) 190°C - 374°C resources are mostly at plate boundaries, with volcanic intrusive heat source, used mostly for electricity generation. Single well capacities are °C - 500°C) and a range of depths (1 m to 20 Km), but lack permeability or fluid, thus requiring stimulations for heat extraction by conduction. HVAC is 1 - 2 m deep and shallow geothermal down to 500 m in wells, both capturing °C, with °C are either advanced by geothermal developers at <7 Km depth (Enhanced Geothermal Systems (EGS), drilling below brittle-ductile transition zones and under geothermal fields), or by the Oil & Gas industry (Advanced Geothermal Systems, heat recovery from hydrocarbon wells or reservoirs, Superhot Rock Geothermal, and millimeter-wave drilling down to 20 Km). Their primary aim is electricity generation, relying on closed-loops, but EGS uses fractures for heat exchange with earthquake risks during fracking. Unconventional approaches could be everywhere, with shallow geothermal already functional. The deeper and hotter unconventional alternatives are still experimental, overcoming costs and technological challenges to become fully commercial. Meanwhile, the conventional geothermal resources remain the most proven opportunities for investments and development.

Viewing Chinese modernization and Its Requirements for Human Rights Protection from the Perspective of Human Development

Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dignity simultaneously.Chinese modernization is a strategic choice made based on lessons learned from various experiences of modernization processes in other countries,reflecting judgments on the benefits and choices on the values of human development and dignity in modernization.It values the promotion of the free and well-rounded development of all individuals as its standard,demanding the full realization of the positive effects of modernization on human development and the overcoming of its negative effects.Human rights,aiming to promote the free and well-rounded development of every person as the ultimate value goal,are not only an intrinsic structural element of the modernization stage but also a social normative tool that restrains the direction of modernization development,aligning closely with the values pursued by Chinese modernization.Chinese modernization poses dual requirements for human rights protection:on the one hand,it demands the affirmation and promotion of the positive effects of modernization on human development and dignity through human rights standards,and on the other hand,it requires the prevention and mitigation of the negative effects of modernization on human development and dignity through human rights standards.There exists a certain tension between these two dimensions,necessitating an appropriate balance and thereby presenting corresponding requirements for China’s approach to human rights protection.

The Right to Carbon Emission: A New Right to Development

For the past few years, the international community has regarded the right to carbon emission as a new right to development. The legal basis of this mainly includes “the United Nations Framework Convention on Climate Change”, “the Kyoto Protocol” as well as the sustainable development principle, the principle of common but differentiated responsibilities and the principle of fairness and justice, etc. The distribution of the right to carbon emission of the post-Kyoto age should consider the need of development, population, historical responsibility, the principle of fairness and justice and other factors. As a dominant country of greenhouse gas emission, on the premise of sticking to “the principle of common but differentiated responsibilities”, China should achieve the transformation from the “difference principle” to “common responsibilities” progressively. Meanwhile, in strengthening coordination with developing countries, China should appropriately support the requests of the Alliance of Small Island States and the least developed countries and attach importance to the issue of the right to development in the distribution of the right to carbon emission.

Following the Charter of the United Nations: The Basic Guarantee for the Realization of the Right to Development——From the Perspective of Transforming Our World: the 2030 Agenda for Sustainable Development

This study discusses the basic guarantee of the Charter of the United Nations to realize the right to development from the angle of Transforming Our World: the 2030 Agenda for Sustainable Development. The concepts regarding the people as the focal point, the dignity, the worth of the human being, as well as larger aspects of freedom, and other basic concepts within the Charter of the United Nations, guide the right direction of action for the realization of the right to development. The purpose and principles of the United Nations establishment in the Charter constitute the basic legal protection of the right to development. Values of peace, international dialogue, and international cooperation show the right path to the realization of the right to development.

The Conflict and the Balance between the Right to Development and the Right to the Environment——Perspective and Reflection Based on China

The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.

The Declaration on the Right to Development as a First Step towards a Comprehensive Southern Vision on Human Rights

Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration.

The Contribution of the Belt and Road Initiative to the World's Right to Development

The Belt and Road Initiative makes an important contribution to the right to development in theory and practice in the current world. Since the reform and opening-up, the Chinese government puts the rights to subsistence and development before any other human rights, which effectively guarantees and accelerates a rapid economic development in China. Nowadays, countries along the Belt and Road have joined a "community of common destiny". Inside the "community of common destiny," countries have enjoyed not only the responsibility, rights and benefit of the right to development, but also a win-win cooperation that ensured the right to development. Therefore, the Belt and Road initiative enriches the UN Declaration on the Right to Development, and "community of common destiny" of countries becomes a higher form of the right to development.

President Xi's Congratulatory Letter to the “International Symposium on the 30^(th) Anniversary of the Adoption of the UN Declaration on the Right to Development”

On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits

Conflict and Balance Between the Right to Development and Environmental Rights:China's Practice

The right to development,the realization of which is subject to environmental rights,is an inalienable human right The principle of sustainable development is based on the right to development but is a development path designed to protect the environment The fact that environmental rights are not expressly stipulated in international human rights law does not deny its attribute as a human right Therefore,environmental rights and the right to development are equally important,conducive to the realization of human sustainable development through the protection of environmental rights In order to solve the contradiction between economic development and environmental protection in China,it is necessary to earnestly implement the Scientific Outlook on Development under strict judicial control in accordance with the law and to fully protect the public's rights to know concerning environmental information,and encouraging the public's participation in environmental decision-making

Interplay of Human Rights and Development: The Implementation and Guarantee of Development after the Victory of the World War Ⅱ

Poverty affects social development and justice. It also deeply affects the realization of human rights, inclucing the right to development. The present unjust international order cannot solve poverty by means of human rights. Many developed countries avoid their obligation of dealing with poverty, denying the general realization and actionability of economic, social and development rights. Due to the position of these countries in the issues of human rights and development, many regions of the world were falling into the extremely poor state. The efforts by the United Nations are discounted in promoting the development and fighting against the poverty.

Protecting the Rights of Disabled Persons——From the Perspective of Protecting Their Right to Development with Affirmative Action as the Core

Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments.

The UN Convention on the Rights of Persons with Disabilities and China's Protection of the Right to Education of the Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.

Historical Conditions and Experiences Summary of China’s Human Rights Development Path Since the Founding of the PRC

Since the founding of the People’s republic of china,the path of human rights development in china has been based on national liberation and state sovereignty.The practice of human rights protection in the 30 years before the launch of reform and opening-up accumulated the conditions for the practice after the launch of reform and opening-up.reform and opening-up have provided the great motivation and opportunity for the development of human rights in china.against the background of international practice,china’s human rights development path,since the founding of the People’s republic of china,has been developed in the fight against human rights diplomacy that interferes in china’s internal affairs with human rights used as a political tool.it has gone through the process from evasion to passive counterattacks,and then actively participating and playing a leading role.The 70 years’development of human rights in china shows that human rights progress is highly dependent on the country’s construction of the rule of law,and the coordinated and comprehensive promotion of human rights protection policies promotes the overall progress of the human rights.in order to promote human rights with development,the transition from the top-down path to the combination of top-down and down-top path is suggested.

On the Pluralistic Nature of the Right to Development

The right to development is pluralistic with respect to the subjects of rights,type and parties bearing relevant responsibilities.The diverse claims made by the subjects of the pluralistic nature of the right to development need to be deeply safeguarded in Chinese socioeconomic development.The right to development integrates the rights of both the collective and the individual,combines economic,political,cultural,social and environmental rights,and fuses the needs of right to development in varying degrees.The right to development is core to the system of human rights discourse in China.The right to development requires that the concept of"human development"be fully incorporated into the development process,and that the responsibilities for safeguarding rights be shouldered by multiple entities through various ways.

The 2030 Agenda for Sustainable Development Sets Action Targets for Realizing the Right to Development in the New Era

During the three decades after the adoption of the Declaration on the Right to Development, the right to development has received wider acknowledgement throughout the international community, and has become a typical example of 'third-generation rights.' The 2030 Agenda for Sustainable Development, which puts forward 17 goals of sustainable development, was adopted at the UN Sustainable Development Summit on September 25, 2015. From the contents of the agenda, we can see that the 2030 Agenda for Sustainable Development highly conforms to the right to development. Both match, not only in purpose and content, but also in object and subject, as well as in demands for countries and the foundations needed. We may regard the 2030 Agenda for Sustainable Development as setting action targets for the realization of the right to development in the new era. Meanwhile, to realize the right to development in the new situation is to accomplish the aim of the 2030 Agenda for Sustainable Development. The two adopt different approaches that lead to the same destination.

Belt and Road Initiative and Realization of the Right to Development

The Belt and Road Initiative not only represents a new blueprint for realizing the right to development, but also provides a realistic approach and a possible solution for it. With clear goals and paths, the Belt and Road Initiativ e serves as a model for SouthSouth cooperation to promote development. Under the background of China’s economic progress, given China has the strong political will, adequate financial resources, and advanced technology to advance the initiative it will prove to be reliable driver of development. With the joint efforts of China and relevant countries, the Belt and Road Initiative will greatly promote the right to development of countries along the routes.

Right to Development in the Age of Globalization:Conceptual Concerns and Alternatives

One of the most proclaimed weaknesses of the international human rights system is the so-called implementation gap. It occurs in various forms and shapes and surfaces in numerous conventions, declarations, norms, guidelines, protocols, and myriad other instruments containing international human rights obligations or commitments. Under international human rights law, a logical response to identified gaps would be to strengthen the obligation side of a standard and to raise its legal standing and enforceability. Yet, as this notorious gap affects legal standards of varying degrees of legal force, this response might not be the only or even the preferred one to reach the goal, namely, to close this gap. For human beings, whose rights are infringed through failure to protect, respect or fulfill, addressing the implementation gap is not always a legal question. What matters more than technical compliance with legal standards are practical measures that deliver results. In order to deliver results in an international context, therefore, it is necessary to work from a common starting point towards common goals with a common understanding of the key concepts. Focusing on the right to development and anchored on the human dimensions to development, this paper contends that it is paramount to reconceptualize the politically difficult processes of finding consensus around the legal form and content of the right. Otherwise, isolated efforts to implement it without a solid legal foundation will remain unsustainable.