This paper offers an evaluation of the legal status of the right to development (RTD). It looks at its material content, practical implementation as well as theoretical basis of validity.
(1) The RTD constitutes an ideal of balanced, purposeful development whose material essence can be summarized as follows:
The right to development is a human right by virtue of which every human person and all peoples are entitled to participate in and to enjoy economic, social, cultural and political
development. Development is an empowering process in which all human rights and fundamental freedoms have to be respected and can be fully realized. States have the primary
responsibility for the creation of national and international conditions favorable to the realization of the right to development and the duty to co-operate with each other to this end.
(2) The RTD is hence a fusion of a broad set of single values, transmuted into the complex vision of a common, human rights based development standard concerning both process and result. Taking for granted the idea of inalienable human dignity, the moral value of the RTD, concerning the essential connection of human rights and development, seems beyond question.
(3) The DRD translates a moral value into a legal norm. First and foremost the RTD claims the realization of an overall empowering societal progress as an inalienable privilege for all human beings and demands the solidary assistance of all relevant actors to this end.
Table of Contents
I. The Right to Development in Theory
A. Evolution of a Legal Norm concerning a Right to Development
B. The Substance of the Right to Development
1. Localization of the RtoD within the body of human rights law
2. Addressees and subject-matter of the Right to Development
a) Beneficiaries and entitlements
b) Duty holders and obligations
3. Value added by the Right to Development
C. Theoretical Legal Value of the Right to Development
1. An compilation of controversies
2. Grounds of Validity, potential formal sources
3. First assessment on the legal value of the RTD
II. The Right to Development in Practice
A. Means and Strategies of the Operationalization
1. Transnational cooperation within the UN-framework
a) Promotion
b) Implementation
c) Monitoring and justiciability
2. Implementation on the domestic level:
3. Implementation by non-Governmental actors:
B. Obstacles to the Implementation of the Right to Development
1. Inherent substantial obstacles to the realization of the RTD
2. International Obstacles to the realization of the RTD
3. Domestic Obstacles to the realization of the RTD
C. Operational Success, Consolidating Assessment of the Legal Value
III. Conclusionary Remarks, the RTD in Theory and Practice
Research Objectives and Themes
The primary objective of this work is to assess the current status of the Right to Development (RTD) in both legal theory and international practice, examining its evolution, normative foundation, and the challenges surrounding its operationalization.
- Evolution of the RTD within international human rights law.
- Theoretical status and controversies regarding the legal value of the RTD.
- Strategies for operationalization through transnational cooperation and domestic implementation.
- Critical obstacles to the effective realization of the RTD in the current international economic order.
- The role of non-governmental actors in promoting and monitoring development rights.
Excerpt from the Book
A. Evolution of a Legal Norm concerning a Right to Development
An assessment of the stato quo of the human right to development (RTD) has to be initiated by an instructive presentation of its evolutionary process1. Retracing the basic steps of the rights for mation provides fundamental insights in its constituting elements, central aspirations and potentially controversial aspects.
The notion of an empowering right to development is a relatively recent one. Indeed, also under classical international law, thus prior to the Second World War, respectively prior to the adop tion of the UN-Charter, development has been perceived as a matter of international concern. The Covenant of the League of Nations establishes inter alia development as a “sacred trust of civiliza tion” (Art. 22 I), concerning the western colonies and territories which are inhabited by peoples “not yet able to stand by themselves under the strenuous conditions of the modern world”. Insofar these territories stood under the effective control and legal tutelage of European countries, the con cerned peoples did not have the empowering right to development but were compelled to do so. This, of course, within the European conception of progress and, not to forget, the scope of the oc cupant’s strategic and economic interests.
The UN is at present our central world organization and international obligations, as deriv ing from law, have to be measured against the Charter (Cf. Art. 105). The foundations of the DRD should, thus, in some way be retraceable to this constitutional instrument or must at least not con tradict it. The UN readjusts indeed the classical patriarchic development approach by formally em bracing the principle equal rights and self-determination of peoples (Art. 1 II) and of sovereign equality of States (Art. 2 I) in her fundamental dispositions. A further relevant purpose of the UN is to achieve international cooperation in solving international problems of an economic, social, cul tural, or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all (Art. 1 III). In this respect a whole chapter (IX) is dedicated to inter national cooperation, in which the members States pledge themselves to take joint and separate ac tion in order to achieve (Art. 56)2 inter alia conditions of economic and social progress and devel opment (Art. 56 lit. a) and universal respect for human rights and fundamental freedoms for all.
Summary of Chapters
I. The Right to Development in Theory: This chapter traces the evolutionary history of the RTD and analyzes its status within international human rights law and theoretical legal frameworks.
II. The Right to Development in Practice: This chapter examines the operational strategies used by the UN, domestic governments, and NGOs to implement the RTD, as well as the significant structural obstacles hindering its realization.
III. Conclusionary Remarks, the RTD in Theory and Practice: This concluding chapter synthesizes the findings, affirming the RTD as a programmatic norm and clarifying its current standing as a form of soft law.
Keywords
Right to Development, RTD, International Human Rights, United Nations, Declaration on the Right to Development, Third Generation Rights, International Cooperation, Soft Law, Operationalization, Solidarity Rights, Self-determination, Human Rights-based Approach, Global Economic Order.
Frequently Asked Questions
What is the core focus of this research?
The work focuses on the evolution, legal status, and practical implementation of the Right to Development within the framework of international law and the United Nations system.
What are the central thematic areas covered?
Key themes include the historical emergence of the RTD, its legal relationship to existing human rights, the strategies for its operationalization in practice, and the obstacles posed by the international economic order.
What is the primary research goal?
The goal is to determine the legal value of the RTD and assess whether it has transitioned from a moral claim into a recognized, "relatively binding" norm or soft law.
Which scientific methods are employed?
The author employs a legal analysis method, tracing the formation of norms through international conventions, UN General Assembly resolutions, and an inductive analysis of current state practice and international declarations.
What is discussed in the main body?
The main body is divided into theoretical analysis, covering the substance and controversies of the right, and a practical section detailing the operational strategies and the obstacles faced by international and domestic actors.
Which keywords characterize this work?
Important keywords include Right to Development, International Human Rights, Soft Law, Operationalization, and the UN-framework.
How does the author categorize the RTD?
The author categorizes the RTD as a third-generation or "solidarity right," functioning as a framework right that necessitates international cooperation for its full realization.
Why does the author consider the current international economic order an obstacle?
The author argues that the current system of international concurrency and market competition conflicts with the requirement for "solidary" behavior and equitable resource distribution necessary to fulfill the RTD.
What role do non-governmental actors play in the RTD's evolution?
Non-governmental organizations (NGOs) are identified as essential actors that help monitor implementation, render legal services, and mobilize civil society, thereby increasing the participatory nature of development processes.
- Arbeit zitieren
- Benno Valentin Villwock (Autor:in), 2014, Statu Quo of the Right to Development in Theory and Practice. Value unto Norm, München, GRIN Verlag, https://www.hausarbeiten.de/document/312221
