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Accountability for Conflict-Related Sexual Violence  

Philipp Schulz and Anne-Kathrin Kreft

Since the late 1990s and early 2000s, notable progress has been made toward holding accountable those responsible for conflict-related sexual violence (CRSV), with a view toward ending impunity. Developments by the International Criminal Tribunals for the former Yugoslavia and for Rwanda, as well as by the International Criminal Court, were instrumental to advancing jurisprudence on sexual violence in the context of armed conflict. Despite progress in seeking to hold perpetrators accountable, critics note that there is persistent impunity and a vacuum of justice and accountability for sexual violence crimes in most conflict-affected settings globally. At the same time, feminist scholars in particular have critiqued the ways in which criminal proceedings often fail sexual violence survivors, especially by further silencing their voices and negating their agency. These intersecting gaps and challenges ultimately reveal the need for a broader, deeper, thicker, and more victim-centered understanding of justice and redress in response to sexual violence.

Article

Developing Countries and International Law  

Shirley V. Scott and Orli Zahava

The most fundamental characteristic of a developing state is that its income, usually calculated as gross national product (GNP) per capita, is relatively low in comparison with that of an industrial country. A second characteristic shared by most developing countries is that they are former colonies. In recognition of the diversity amongst developing countries, they are sometimes divided into subgroups. The term “Least Developed Country” is used to refer to some 50 of the most vulnerable states, whose economies are vastly smaller than those of China, India, Brazil, or Mexico. The BRICS (Brazil, Russia, India, China, and South Africa) is a group of states with emerging economies whose share of world trade, investment, and foreign currency reserve is projected to continue to grow. AOSIS, the Alliance of Small Island States, is a 44-member coalition that functions as a negotiating voice for small island developing states (SIDS) within the United Nations system. The engagement of developing countries with international law typically comes in four aspects: the colonial past and contemporary continuities in international legal approaches and categories, attempts by newly independent Third World states to transform international law through the introduction of specific new legal principles, the effect of the increasing gap between the emerging economies of certain developing countries and the most vulnerable developing states, and whether structural impediments remain to the equitable participation of developing countries in international law.

Article

Legal Perspectives in IR and the Role of Latin America  

Juliana Peixoto Batista

The room for dialogue between international law (IL) and international relations (IR) is vast. Since the emergence of the liberal world order in the 20th century, there is a growing closeness between IL and IR approaches. Latin America played a significant role in this process, helping to shape the liberal world order. Despite the fact that liberal approaches to IR and IL promote the most self-evident interdisciplinary dialogue, there is a growing intersection field in critical approaches to IR and IL that should be further explored, and Latin America also has a role to play in that cross-fertilization process. By analyzing critical approaches, the narrative in both disciplines can be expanded, bringing a Global South perspective to the mainstream debate. How did IL scholars read changes in the international system from the second half of the 20th century? How did IR scholars read changes in the role of IL in the international system at the beginning of the 21st century? What is the role of Latin America and its contribution to these changes? With this in mind, intersection spaces can be revealed where room for conceptual, methodological, and collaborative work can be explored.

Article

The Right to Development  

Daniel J. Whelan

The right to development is an internationally recognized human right that entitles every human person and all peoples to participate in, contribute to, and enjoy economic, social, cultural, civil, and political development. It is a right held both by individual human persons and all peoples. The right was enshrined in the Declaration on the Right to Development, adopted by the United Nations (UN) General Assembly in December 1986. It has since been reiterated as indivisible with all other human rights in scores of UN resolutions and summit outcome documents, most notably the 2030 Agenda for Development, adopted by consensus in 2015. The right to development entails a variety of obligations on states (at the domestic and international levels), regional actors, non-state actors (e.g., transnational corporations), and international organizations. Since 2019, the UN Human Rights Council’s Intergovernmental Working Group on the Right to Development has been discussing a draft Convention on the Right to Development to codify these obligations. Since it first came under discussion at the UN in the 1970s, the right to development has consistently generated debate and controversy among scholars and governments, which has frustrated the formation of a consensus around both conceptual issues (the nature and scope of such a right and how it is defined) and practical considerations (the extent of obligations, who holds them, and challenges of monitoring and implementation). There are those, especially (but not exclusively) in the Global South, who view the right to development as rightfully prioritizing the international duty to cooperate, which is a prerequisite for, first, the realization of economic, social, and cultural rights, and then of civil and political rights. This duty obligates developed countries to provide economic, technological, and other resources to developing states, free of conditionalities. In contrast, although generally agreeing that there are important “soft” obligations for development, skeptics, especially (but not exclusively) in the Global North, are wary of making such aid and assistance obligatory, and they are concerned that the right to development may be (or has been) used to justify curtailing especially civil and political rights in the name of “development.” They instead argue for a “human rights approach to development” that entails national-level commitments to good governance, transparency, accountability, and respect for all human rights in the development process.