International Development Law

International Development Law

Author: Rumu Sarkar

Publisher: Oxford University Press

Published: 2009-10-29

Total Pages: 504

ISBN-13: 0195398289

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This theoretical and practical overview of the international legal architecture between developing countries and advanced nations is divided into two parts, the first providing a theoretical overview of the philosophical implications of international development law principles; the second deals with international financial architecture.


Human Rights and Development in International Law

Human Rights and Development in International Law

Author: Tahmina Karimova

Publisher: Routledge

Published: 2016-04-28

Total Pages: 358

ISBN-13: 1317351657

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This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.


The Roles of International Law in Development

The Roles of International Law in Development

Author:

Publisher: Oxford University Press

Published: 2023-10-21

Total Pages: 481

ISBN-13: 0192872923

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The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development. Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.


Case-Law and the Development of International Law

Case-Law and the Development of International Law

Author: Patrícia Galvão Teles

Publisher: Brill Nijhoff

Published: 2021

Total Pages: 288

ISBN-13: 9789004467651

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"This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--


Decolonising International Law

Decolonising International Law

Author: Sundhya Pahuja

Publisher: Cambridge University Press

Published: 2011-09-29

Total Pages:

ISBN-13: 1139502069

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The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.


The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

Author: Nico J. Schrijver

Publisher: BRILL

Published: 2008-12-15

Total Pages: 276

ISBN-13: 9047444469

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Also available as an e-book In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.


International Law and Sustainable Development

International Law and Sustainable Development

Author: Alistair Rieu-Clarke

Publisher: IWA Publishing

Published: 2005-11-01

Total Pages: 268

ISBN-13: 1843390752

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Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.


The League of Nations and the Development of International Law

The League of Nations and the Development of International Law

Author: P. Sean Morris

Publisher: Routledge

Published: 2021-09-09

Total Pages: 259

ISBN-13: 100043494X

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This volume examines the contributions to International Law of individual members of the Advisory Committee of Jurists in the League of Nations, and the broader national and discursive legal traditions of which they were representative. It adopts a biographical approach that complements existing legal narratives. Pre-1914 visions of a liberal international order influenced the post-1919 world based on the rule of law in civilised nations. This volume focuses on leading legal personalities of this era. It discusses the scholarly work of the ACJ wise men, their biographical notes, and narrates their contribution as legal scholars and founding fathers of the sources of international law that culminated in their drafting of the statute of the Permanent Court of International Justice, the forerunner of the International Court of Justice. The book examines visions of world law in a liberal international order through social theory and constructivism, historical examination of key developments that influenced their career and their scholarly writings and international law as a science. The book will be a valuable reference for those working in the areas of International Law, Legal History, Political History and International Relations.