Development International Law – Part 2

Introduction
Law and Development Review
Volume 4, Number 2, 2011

The 2011 LDR Special Issue is devoted to the Law and Development Institute Inaugural Conference entitled, “Future of Law and Development, International Trade and Economic Development” , which was held in Sydney, Australia, on the 16th of October, 2010.

International Trade and Development Law: A Legal Cultural Critique
Colin Picker
Law and Development Review
Volume 4, Number 2, 2011

The Practice of Tying Development Aid: A Critical Appraisal from an International, WTO and EU Law Perspective
Gianluca Serra
Law and Development Review
Volume 4, Number 1, 2011

Wind Theft, Spatial Planning and International Relations
Dan van der Horst and Saskia Vermeylen
Renewable Energy Law and Policy Review
Issue 1, 2010 p.67-75

The evolution of renewable energy technologies and the rapid growth in renewable energy facilities are giving rise to a growing number of actual and potential conflicts. This paper explores one particular area of conflict: the access to the resource itself. While conflicts over rights to wind, water or the sun are not without historic precedent, past case law has limited legal relevance in the new era of renewable energy. This paper explores how the development of new technologies, combined with existing governance systems for spatial planning and the management of protected areas, are creating conditions that can lead to scarcity of access to high-yield locations, and thus to resource conflicts over access to the energy flux in solar radiation or the movements of water and air. In Germany, where wind farm zones are strictly controlled, there have already been several lawsuits between different wind farm developers over access rights to the wind. These conflicts highlight the need to develop a governance regime that can strike a balance between the private benefit for developers who want to maximise the energy capture of their device, and the societal benefit of having a high total amount of energy capture. Given the likelihood of continued strong demand for renewable energy and the finite amount of land, sea and air space, we anticipate that these types of conflicts will grow, not only in number, but also in spatial scale, eventually spilling across international boundaries.

Critical Concepts in the New International Economic Order and its Impact on the Development of International Economic Law A Tribute to the Call for a NIEO
Asif H Qureshi
Manchester Journal of International Economic Law
Volume 7, Issue 3, 2010 p.3-10

The Legal Significance of Global Development Partnerships: European Development Cooperation and its Contribution to the International Law of Development
Markus Kaltenborn
Güttingen Journal of International Law
Volume 2, Number 3, 2010 p.843

The right to health: The Convention on the Rights of Persons with Disabilities
Penny Weller
Alternative Law Journal
Volume 35, Number 2, 2010

This article argues that the development of the right to health and mental health in International human rights law critically informs the Convention on the Rights of Persons with Disabilities. In particular, the continuity and complementarities between civil and political rights on the one hand, and economic, social and cultural rights on the other, underscores the Convention’s injunction to provide a comprehensive range of health, mental health and social services that are acceptable to the person, culturally appropriate, and provided on a voluntary basis. This article discusses the application of the Convention with a focus on the developing content of the right to health, the adoption of a social model of health in the Convention, and the significance of Article 24 on the right to enjoyment of the highest attainable standard of health.

International Development Law: Rule of law , Human Rights and Global Finance, by Rumu SARKAR. Oxford: Oxford University Press, 2009. xxiii + 479 pp. Hardcover: US$95.
Shawn PELSINGER
Asian Journal of International Law
Volume 1, Issue 1, 2011 p.203-204

Author: international

Mentioned in these Entries

Development International Law, International human rights law, Rule of law.