International human rights law Part 30

International human rights law Part 30

 

411

DIFFERING CONCEPTIONS OF DEVELOPMENT AND THE CONTENT OF INTERNATIONAL DEVELOPMENT LAW
DANIEL D BRADLOW
South African Journal on Human Rights
Volume 21, Part 1, 2005

LAW JOURNAL / LAW REVIEW

International development law (IDL) is the branch of international law that deals with the rights and duties of states and other actors in the development process. Its original content was premised on a particular generally accepted understanding of development. Under the pressure of the problems of development that arose during the 1970s and 1980s this general agreement on the key issues disintegrated. As a consequence, the consensus on the content of international development law also began to break down. Today, competing idealised views of development shape the current debate about the content of international development law. What can be termed ‘the traditional view’ maintains that development is about economic growth. It argues that the challenges of economic development can be distinguished from other social, cultural, environmental and political issues in society, including human rights. What I call ‘the modern view’ has a holistic understanding of development. It argues that development should be viewed as an integrated process of change involving economic, social, cultural, political and environmental dimensions. The two perceptions differ in their understanding of the substantive content of IDL and the importance they attach to the principle of sovereignty and in their view of the relationship between national and international law in the law applicable to the development process.

412

INCREASINGLY SEEN AND HEARD: THE CONSTITUTIONAL RECOGNITION OF CHILDREN’S RIGHTS
JOHN TOBIN
South African Journal on Human Rights
Volume 21, Part 1, 2005

LAW JOURNAL / LAW REVIEW

The proliferation of Bills of rights in national Constitutions throughout all regions of the world has been well documented. To date there has been no real attempt to examine the place of children’s rights within this development. This article is a response to this omission. It examines the transformative effect of international law and the extent to which human rights instruments, particularly the United Nations Convention on the Rights of the Child , have influenced the treatment of children in national Constitutions . It identifies evidence of an increasing tendency to transform some of the obligations assumed by states under international law into constitutional recognition and protection of children’s rights at the domestic level. It also examines the significance and limitations of this development, concluding that, while the constitutional recognition of children’s rights offers no guarantees with respect to the enjoyment of their rights, at a minimum it legitimates political discourse on children’s rights, allowing children to be seen and, increasingly, heard.

413

Kokusaijinkenho to Mainoriti no Chi’i (Minorities under International Law of Human Rights), by Kim Dong-hoon
Toshiaki Sonohara
Japanese Yearbook of International Law
Volume 47, 2004 p.182

LAW JOURNAL / LAW REVIEW

414

Kokusai Jinken no Itsudatsu Fukanou-sei: Kinkyu Jitai ga Terasu Hoh, Kokka, Kojin (Nonderogability of International Human Rights: Law, States, and Individuals in the Light of State of Emergency), by Koji Teraya
Kaoru Obata
Japanese Yearbook of International Law
Volume 47, 2004 p.184

LAW JOURNAL / LAW REVIEW

415

Kokusaishakai no Hokozo: sono Rekishi to Genjyo (The Legal Structure of International Society — Its History and Present Situation–). Gendaikokusaiho ni okeru Jinken to Heiwa no Hosyo (The Guarantee of Human Rights and Peace in Present International law). Edited by Haruyuki Yamate and Shigeru Kozai
Kazuya Hirobe
Japanese Yearbook of International Law
Volume 47, 2004 p.191

LAW JOURNAL / LAW REVIEW

416

Smuggling of Human Beings from a Human Rights Perspective: Obligations of Non-State and State Actors under International human rights law
Tom Obokata
International Journal of Refugee Law
Volume 17, Number 2, 2005 p.394

LAW JOURNAL / LAW REVIEW

417

International Human Rights Law: All Show, No Go
Mirko Bagaric and Penny Dimopoulos
Journal of Human Rights
Volume 4, Number 1, 2005 p.3-21

LAW JOURNAL / LAW REVIEW

418

Under Strain: Human Rights and International Law in the Post 9/11 Era
Adrian L. Jones and Rhoda E. Howard-Hassmann
Journal of Human Rights
Volume 4, Number 1, 2005 p.61-71

LAW JOURNAL / LAW REVIEW

419

MERGING INTERNATIONAL HUMAN RIGHTS LAW WITH PERSONAL INJURY LAW IN THE FIGHT AGAINST TERRORISM
Allan Gerson
Case Western Reserve Journal of International Law
Volume 36, Numbers 2 & 3, 2004 p.495

LAW JOURNAL / LAW REVIEW

420

Mashood A. Baderin: International Human Rights and Islamic Law
Scheel
German Yearbook of International Law
Volume 46, 2003 p.768

LAW JOURNAL / LAW REVIEW

421

Practicalities and Positice Human Rights Obligations in International Law
David Levin
Cambridge Student Law Review
Volume 1, March 2005

LAW JOURNAL / LAW REVIEW

422

INTERNATIONAL ANIMAL RIGHTS: SPECIESISM AND EXCLUSIONARY HUMAN DIGNITY
Kyle Ash
Animal law
Volume 11, 2005 p.195

LAW JOURNAL / LAW REVIEW

The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the History of International Law , texts of Treaties , and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving biodiversity, a subjugating conceptualization of other species has inhibited the development, application, and legitimacy of the principle of sustainability. The belittling view of other species in relation to ourselves also creates inconsistencies within international law and undermines the integrity and sophistication of its development. International human rights law is especially affected.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Animal law, Bills, Constitutions, Convention on the Rights of the Child, History of International Law, International human rights law, Treaties.


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