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11 - A New Idea for Constructing the Global Legal Mechanism of the Right to Development

from Part III - Horizontal Interactions

Published online by Cambridge University Press:  09 November 2018

Takao Suami
Affiliation:
Waseda University, Japan
Anne Peters
Affiliation:
Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht, Germany
Dimitri Vanoverbeke
Affiliation:
Katholieke Universiteit Leuven, Belgium
Mattias Kumm
Affiliation:
Humboldt-Universität zu Berlin
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Summary

In chapter 11, Wang Xigen argues that ‘the right-to-development approach’ should be applied in constructing the global legal mechanism to implement the right to development. A new way of thinking – people-centered development with justice – should be introduced. In terms of the rule of law, both the existing radicalism and conservatism should be abandoned, and a new way of thinking should be adopted, namely the ‘double-track approach’, which integrates soft law with hard law. Hard law must be applied in two steps. The first step is to make use of the existing mechanism of human rights. Before the promulgation of the specific hard law on the right to development, the Declaration on the Right to Development in 1986 could be linked to the system of individual communications and to the reporting, evaluation, monitoring, and collaboration mechanism in the two human rights covenants of 1966. The second step is to establish the specific hard law mechanism in two forms, namely the international convention on the right to development at the public-law level and the bilateral contract on the right to development at the private-law level.
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Publisher: Cambridge University Press
Print publication year: 2018

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