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Book Cover
E-book
Author Karimova, Takhmina, author

Title Human rights and development in international law / Tahmina Karimova
Published London : Routledge, 2016

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Description 1 online resource
Series Human rights and international law
Human rights and international law.
Contents Cover; Title; Copyright; Dedication; Contents; Table of abbreviations; Foreword; Acknowledgements; I Introduction; Introduction; 1 Reframing human rights in the development debate; 2 Introducing the perspective of international human rights obligations; 3 Connections between development and human rights: Basic questions further delimited; 4 Possible limitations of the 'human rights and development' intersection; 4.1 Human rights law; 4.2 The role of law in development (cooperation); 5 Remarks on approach; 6 Outline of the book; II Development from a human rights perspective; Introduction
1 The changing notion of 'development'1.1 The development paradigm; 1.2 The New International Economic Order; 1.3 Structural adjustments and the post-Washington Consensus era; 1.4 Contribution of the UN to development thinking; 1.4.1 The early seeds of current policies: United Nations development decades; 1.4.2 The New York dissent: 'Failed' alternative visions; 1.4.3 Normative framework for development assistance; 2 The new discourse and the return of the NIEO?; 3 Human rights in the development policy framework; 3.1 Global development frameworks: Continuing discrepancy
3.1.1 Millennium Development Goals3.1.2 From MDGs to SDGs: Post-2015 development agenda; a Post-2015 process; b The role of human rights in the post-2015 agenda; 3.1.3 Aid effectiveness or effective development cooperation?; 3.2 Operational framework: PRSs and HIPC regimes; 3.3 'Human rights-based approaches' to development; 3.4 Variations across the spectrum: The practice of individual states; 3.4.1 The position on human rights obligations; 3.4.2 Definition of human rights: ESC rights in development policies; 3.4.3 Assessment; Conclusion; III The right to development; Introduction
1 Genesis of the concept of the right to development: A structural approach to human rights?2 The right to development: A contentious concept; 3 Basic elements of the right to development; 3.1 Subjects of the right to development; 3.2 The content of the right to development; 3.2.1 Right to development as a right to a particular process; 3.2.2 International dimension of the right to development (ensuring an enabling environment at the international level); 3.2.3 Definition of development; 4 Current debates and practical measures to implement the right to development
4.1 Measures to give binding force to the right to development4.2 Measures to implement the right to development; 5 The right to development: The added value of the concept?; Conclusion; IV The obligation of international assistance and cooperation; Introduction; 1 Obligations of international cooperation in international law; 1.1 Cooperation as the basis of modern international law; 1.2 UN Charter as a legal basis for the obligation to cooperate; 1.3 Obligation to cooperate for development; 1.4 Assessment; 2 Human rights and international cooperation; 2.1 General observations
Summary 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.-- Provided by Publisher
Bibliography Includes bibliographical references and index
Notes Online resource; title from PDF title page (EBSCO, viewed May 9, 2016)
Subject Human rights.
Right to development.
International law.
International cooperation.
LAW -- International.
Human rights
International cooperation
International law
Right to development
Form Electronic book
ISBN 9781317351641
1317351649