THE RIGHT TO DEVELOPMENT IN INTERNATIOAL LAWPDF电子书下载

1 Introduction 1

Background and research thesis 1

International dimension of the RTD 3

Why Pakistan as a case study? 4

Human rights and development 8

Pakistan: towards a rights-based approach to development? 12

Approach of the book 12

Structure of the book 14

FART Ⅰ The RTD: Concept and challenges 17

2 History, politics and concept of the RTD 19

Introduction 19

Historical overview 19

From economic sovereignty to the RTD 19

The Declaration (1986) 22

The Vienna Declaration (1993) 22

The current status of the RTD (2004-2007) 23

Regional and national perspectives 24

The politics of the RTD 26

The North-South divide 26

The political positions of states/groups of states 27

The voting trends in the General Assembly 29

The Commission on Human Rights 32

Human rights in development programmes 34

Conceptual basis 35

The capability approach 35

Capability and human rights 37

List of capabilities 39

Realizing capabilities through the RTD 39

Islamic perspective vis-a-vis capability and human rights 40

Conclusion 41

3 The jurisprudence of the RTD 43

Introduction 43

Sources 44

The right to self-determination 44

Article 28 of the UDHR 48

Articles 55 and 56 of the UN Charter 49

Other international instruments 51

Subjects 52

State as a subject 52

State as a duty-holder 53

Peoples as a subject 54

Individual as a subject 55

Content 56

Individual right 57

Collective right 58

The right to a process of development 59

Justiciability 62

Rights and duties in analytical jurisprudence 64

Rights as goals: ethical jurisprudence 66

The Maastricht Guidelines 68

The pluralistic foundations of human rights 70

Justiciability at the national level 71

Justiciability at the international level 73

Rights and duties in Islamic jurisprudence 74

Conclusion 74

4 The declaration and the working groups 77

Introduction 77

The first working group and the drafting of the Declaration 79

The working group report 79

An analysis of the working group report 80

The drafting of the Declaration 81

The main features oj the Declaration 83

Unity of human rights 83

Participation 84

International cooperation 86

The concept of development 87

Sustainable development 90

Weaknesses of the Declaration 92

Vague and imprecise 92

A compromise document 93

Reference to the NIEO 94

Women's rights 95

Realization of the RTD 96

The global consultation 96

The second and third working groups 98

The current status of the realization 100

The independent expert and the task force 100

The Development Compact 101

Debate in the working group 103

A critical appraisal of the Development Compact 104

The high-level task force 105

Evaluation of the task force reports 107

Conclusion 108

PART Ⅱ The RTD in international law 111

5 The legal status of the RTD in public international law 113

Introduction 113

Sources of international law 114

Custom 115

What is meant by 'recommendation'? 116

Opinio juris 119

State practice 122

Is the USA a 'persistent objector'? 126

General principles of law 128

Is the Declaration a soft law? 130

The RTD and 'new sources' 132

The value of the Declaration: determining factors 135

Competency of General Assembly 135

'The nature and content' 136

'Time and circumstances' 136

'Terms and intent' or language 136

'Voting pattern' 137

'International organization practice' 137

Implementation or follow-up mechanism 138

'Community values, needs and expectations' 138

Conclusion 140

PART Ⅲ The RTD at the national level: Pakistan as a case study 143

6 The nature and extent of the realization of the RTD in Pakistan 145

Introduction 145

The political economy of Pakistan 146

Economy: far from distributive justice 146

Constitution-making: still a dilemma 147

The national dimension of the RTD 152

The Declaration 152

Pakistan's role in the mainstream RTD debate 153

Constitutional mechanisms versus the features of the RTD 154

The nature of the constitutional obligations 155

Public Interest Litigation: prospects for the RTD 156

Conceptual basis 156

An analysis of case law 157

Right to life (Article 9) 158

Prohibition of forced labour (Article 11) 159

Freedom of association (Article 25): political participation 161

Equality of citizens (Article 25) 162

Women's rights 162

Protection of the environment 163

The Principles of Policy 165

Problems and prospects of PIL 166

Impact of the current judicial crisis 167

Conclusion 169

7 Reconceptualizing the RTD in Islamic law 171

Introduction 171

Shbariah: meaning, sources and purpose 171

Meaning of the Shariah 171

Primary sources: the Quran and the Sunnah 173

Juristic techniques 175

The purpose of the Shariah: the doctrine of maslahah 176

Maslahah and the R TD 178

General relevance of maslahah to the RID 178

Human rights and Islamic law 181

The challenge of cultural relativism 181

How to achieve compatibility 184

Islamization and the RTD in Pakistan 186

Jinnah's vision of Pakistan 186

The Objectives Resolution 188

The Islamic provisions of the 1973 constitution 189

The Islamic concept of social justice 190

Zia's Islamization movement and the RTD 191

The judicial system 191

Economic reform 193

Implications for the RTD 194

The role of the judiciary 197

Implications for other Muslim auntries 200

Conclusion 201

8 Pakistan's Poverty-Reduction Strategy and the RTD 203

Introduction 203

The PRSP framework 204

Introduction and background 204

The guidelines 205

Principles of the PRSP and the RTD 207

Country ownership 207

Participation 209

Other principles 211

Pakistan's PRSP and the RTD 212

National ownership and participation 212

AJP in the PRSP 216

Governance 217

The rule of law 218

The judiciary in the RTD debate 219

The guidelines and judicial reforms 220

Guideline 8 and the AJP 220

(A) Importance of the right of equal access to justice 220

(A.1) The rationale of the AJP 221

(B) The scope of the right of equal access to justice (the guideli ne) 222

(B.1) Objectives and scope of the AJP 222

(C) Key targets and indicators 224

(C.1) The AJP 224

(D) Key features of a strategy for realizing the right of equal access to justice 224

(D.1) The AJP framework 225

(D.2) A comparison of the two strategies 225

Evaluation of the AJP 230

Conclusion 231

9 Conclusion 233

Glossary of Islamic words 239

Bibliography 241

Index 261