International Development Law

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.

International Development Law: Rule of Law, Human Rights, and Global Finance provides a tightly interwoven, well-organized, multi-disciplinary approach to the complex legal issues underlying sustainable international development. Professor Sarkar provides an overarching view of the legal principles that constitute international development law in an easily understandable way. This book gives the reader new insights on the origins of global poverty, identifies legal impediments to long-term, sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues.

The growing population of Europe needs adequate and wholesome food at reasonable prices and a sufficient supply of pure drinking water. Accommodating this need and the many other pressures on land while maintaining biodiversity, ecosystems, and cultural landscapes is a matter of continuing concern and debate in Europe. The changing nature of agriculture, concerns about agricultural subsidies and surpluses, food and water quality issues, and discussion of the future of the European Union (EU)'s Common Agricultural Policy have all increased the intensity of this debate in recent years. Through its discussion of how best to achieve sustainable land use, Agriculture and Sustainable Land Use in Europe tackles this wide range of issues, examining problems faced by the EU concerning the future of rural communities, the maintenance of an attractive and diverse countryside, and more. This work comprises papers presented at two conferences organised by groups of European Environmental Advisory Councils. These papers offer the reader access to a broad range of experience and points of view, making Agriculture and Sustainable Land Use in Europe a contribution of particular value to the debate on these issues.

Publisher Description

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.

This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.

The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari‘ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari‘ah across the world. Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari‘ah law is progressively interpreted in public interest. Iqbal’s work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.

Experience and research have long shown an intrinsic link between human rights, conflict and development. This interdependence between different areas, doctrines, and disciplines calls for a genuinely coherent, holistic approach in International Affairs. With the challenges the work for the protection and respect of humanity encounters, this book intends to bring together articles and ideas that indicate the complexity of such an endeavor. The chapters, written by academics and practitioners encompass snapshots of crucial development lines as well as conceptual ideas and frameworks. In doing so the book provides insight to the principal understanding that peace efforts, encapsulating human rights, conflict management and development, can only be sustained and flourish as long as conflicting parties have at least a minimal consensus and will to settle their differences peacefully. As a Liber Amicorum for Joseph Voyame the book honors the determination for humanity and respect for human dignity and peaceful mitigation of conflict which marked his life and work.