Development in International Law: A Policy-Oriented Inquiry

Development in International Law: A Policy-Oriented Inquiry

by Qerim Qerimi




The dominant conceptions of development and the right thereto have been confined to narrow, sectoral interpretation focusing on economic matrices and collective entities such as the state or peoples. This book delimits these key notions of the public order of the 21st century in an entirely new fashion. Drawing on fundamental precepts of policy-oriented jurisprudence, this book offers a comprehensive and systematic study and redefinition of development and the right to development guided by the goal of maximum access by all to the processes of shaping and sharing of all things humans value, including, empirically, aspirations to power, wealth, well-being, affection, enlightenment, skills, respect, and rectitude. This new paradigm of development offers fertile ground for legal and policy responses designed to bring about a public order of human dignity in all parts of the planet.

Product Details

ISBN-13: 9789004202948
Publisher: Textstream
Publication date: 05/16/2012
Series: Studies in Intercultural Human Rights Series
Pages: 304
Product dimensions: 6.30(w) x 9.40(h) x 0.90(d)

About the Author

Qerim Qerimi, Doctor of the Science of Law (J.S.D.) in Intercultural Human Rights summa cum laude (2010) and LL.M. cum laude (2005), St. Thomas University School of Law, Miami, Florida; B.A. and J.D., Universities of Prishtina, Kosovo, and Utrecht, The Netherlands, is a Professor of Law at the University of Prishtina and a former Visiting Research Scholar at Harvard. Widely published, he has served as advisor to the European Union, USAID and the World Bank on issues related to development and international law.

Table of Contents

Foreword ix

Overview xi

Acknowledgments xiii

Abbreviations and Acronyms xv

Introduction 1

Part 1 Delimitation of Problem and Clarification of Goals 5

A Foundational Issues: Introducing Basic Concepts and Methods 5

1 On Substance: The Larger Theoretical Context 5

2 On Method 17

a Falsificationism and Paradigms 17

b Interdependence of Knowledge 21

c Concluding Remarks 24

B The Development of Development Discussion 26

1 Definitions and Terminology 26

a Development 26

i Dictionary Definitions of Development 29

ii Development from a Perspective of Theoretical Conceptions 29

A Modernization Theory and its Sub-Theoretical Manifestations 30

B Dependency Theory 33

C Institutionalism: "Old" and "New" 34

iii Development in Legal and Policy Instruments 36

iv Practitioners' Conceptions 41

A The World Bank 41

B The UNDP 44

b Measuring Development: "Developed" and "Developing" Countries 47

2 Empirical References: An Overview of the Overall State of Global Development 61

Part 2 Conflicting Claims and Perspectives on Development 69

A Describing the Process of Claims 69

B Formulation of Specific Claims 69

1 Claims to Change the World's Economic System 70

2 Claims to Change Development as a Product of Western Political and Cultural Imagination 71

3 Claims to Change Domestic Systems toward a Globally Uniform Goal of Development 73

4 Claims to Change Cultures 74

a The Manifestation of this Claim 74

b The Counter-Claim 77

5 Claims to Embrace Diversity of Groups 79

6 Claims to Realize Comparative Advantage (economically determined concept of development) 81

a The Formulation of the Claim 81

b The Counter-Claim 82

7 Claims to Combat Corruption as a Major Obstacle to Development 83

8 Claims to Create and Implement a Right to Development 84

a The Formulation of the Claim 84

b The Counter-Claim 85

9 Other Possible Claims 86

Part 3 Past Trends in Decision and Conditioning Factors 87

A Origins of the Right to Development: History, Content and Controversy 87

B Legal and Policy Decisions on the Right to Development 90

1 Pertinent United Nations Instruments Concerning Development 91

a The Charter of the United Nations 91

b The Universal Declaration of Human Rights 92

c The International Covenant on Economic, Social and Cultural Rights 94

d The International Covenant on Civil and Political Rights 101

2 Legally Non-Binding Instruments Concerning Development 106

a The Declaration on Permanent Sovereignty over Natural Resources 106

b The Declaration and Programme of Action on the Establishment of a New International Economic Order 108

c The Charter of Economic Rights and Duties of States 109

d The Declaration on the Right to Development 112

i History 112

ii Content 116

iii Enforcement 121

e The Declaration on International Economic Co-operation, in particular the Revitalization of Economic Growth and Development of the Developing Countries 125

f The International Development Strategy for the Fourth United Nations Development Decade 126

g The Vienna Declaration and Programme of Action 126

3 Other Measures Related to Development 128

a The World Summit for Social Development 128

b The United Nations Millennium Declaration 128

c The Monterrey Consensus 130

d The Johannesburg World Summit 130

e The Copenhagen Consensus 132

f The Doha Development Round 133

4 The Concept of Sustainable Development 134

a The United Nations Conference on the Human Environment(Stockholm Declaration) 134

b The United Nations World Charter for Nature 136

c The United Nations World Commission on Environment and Development (Brundtland Commission) 137

d The United Nations Conference on Environment and Development (Rio Declaration on Environment and Development) 138

e The United Nations Declaration on the Rights of Indigenous Peoples 139

f The United Nations Climate Change Conference (Copenhagen Accord) 143

g The Human Development Reports 145

h Amartya Sen's Development as Freedom 146

5 International Law and "Sustainable Development" 148

Part 4 Projection of Future Trends in Decision 153

A Trend Projection: Difficulty, Need and Utility 153

B Probable Future Trends in Development Decision-making 155

C More Specific Developmental Constructs 156

Part 5 Appraisal, Alternative Solutions and Recommendations in the Global Common Interest: A Holistic Concept of Development 163

A Appraisal 163

1 Assessment of Present Strategies for Development 164

2 Assessment of Present Methods of Measurement 166

3 Assessment of Present Conceptions 167

4 Alternative Conception and Method of Measurement 168

5 Universality and Practicality of Human Dignity-Based Policies 170

B Maximum Access by All to the Shaping and Sharing of Empirically Grounded Values of Human Dignity 172

C Implementation: The Six Is System 187

D Recommended Specific Solutions: Decision Processes 192

1 Participants in the Development Process 192

2 Perspectives: Basic General Community Policies Concerning Development 193

3 Arenas: Structures of Authority in the Development Context 195

a Establishment and Reform of Development-Related Institutions 195

b Access 196

4 Bases of Power 196

a Authority 196

b Control 196

5 Strategies 197

6 Outcomes 198

E Functional Phases of Decision-making and Execution of Development Policies 198

1 The Intelligence Function 198

2 The Promotion Function 198

3 The Prescribing Function 199

4 The Invoking Function 199

5 The Applying Function 199

6 The Terminating Function 199

7 The Appraising Function 200

Part 6 Conclusion 201

Bibliography 203

Appendices: 227

I Development-Related Instruments 227

Annex 1 Declaration on the Right to Development 229

Annex 2 Rio Declaration on the Environment and Development 235

Annex 3 United Nations Millennium Declaration 241

Annex 4 New Delhi Declaration of Principles of International Law Relating to Sustainable Development 251

II Statistical Appendices 259

Table 1 Index of Democracy 2008 261

Table 2 Democracy Index 2008 by regime type 267

Table 3 The 2010 Index of Economic Freedom 269

Table 4 2010 Index of Economic Freedom World Rankings 279

Table 5 Index of Freedom in the World 2010 287

Index 293

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Development in International Law : A Policy-oriented Inquiry 5 out of 5 based on 0 ratings. 1 reviews.
Art6 More than 1 year ago
An enjoyable and must read for those with an interest on the most challenging task of humanity: human development.