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