Development International Law – Part 15

The New ICRC Study on Customary International humanitarian law as an Exercise in the Development of International Law
Malcolm Maclaren and Felix Schwendimann
German Law Journal
Volume 6, Number 9, September 2005 p.1217-1242

Sustainable Development in International Law
Priscilla Schwarz
International Community Law Review
Volume 5, Number 2, June 2005 (Non-State Actors and Int’l Law) p.127-152

International Law from Below: Development, Social Movements and Third World Resistance, by Balakrishnan Rajagopal
Yale Human Rights & Development Law Journal
Volume 8, 2005 p.234

The Development of International Employment Law: My Experience on International Administrative Tribunals at the World Bank and the Asian Development Bank
Robert A. Gorman
Comparative Labor law & Policy Journal
Volume 25, Number 3, Spring 2004 p.423

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

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.

The African Union, the Southern African Development Community, and the New Partnership for Africa’s Development: Some observations on South Africa’s contribution to international law-making and institution-building in Africa, 1994-2004
Tiyanjana Maluwa
South African Yearbook of International Law
Volume 29, 2004 p.5

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

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.

Author: international

Mentioned in these Entries

Bills, Constitutions, Convention on the Rights of the Child, Development International Law, International humanitarian law, Labor law.