This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.

The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.

The Right to Development (RTD) is a new and highly contested right. Its emergence is linked to the demand for a `new international economic order’ by developing countries. Composite in nature and integrating civil and political rights with economic, social and cultural rights, the RTD approach underscores participation, a fair sharing of benefits, transparency and non-discrimination. The present volume explores the theoretical and practical aspects of RTD as an alternative to existing approaches to development. It brings together the reflections and insights of some of the finest scholars on the specific aspects of RTD.

The Right to Development (RTD), a concept that emerged in the 1970s, is one of the most debated and contentious issues in international relations. RTD builds on the rights based approach to development, seeking to integrate the norms and principles of human rights with policies and plans to promote development. Despite its importance for the world’s poor and dispossessed, a great deal of definitional confusion still surrounds the concept./-//-/This primer introduces the concept of RTD as well as discusses its practical application in the Indian setting. It is divided accordingly into two sections, the first of which traces the origins and the evolution of the idea of RTD. This section identifies the defining parameters and content of RTD and focuses especially on the three rights—the rights to food, education and health—that have been identified as a ‘good starting point’ for the implementation of RTD. The last chapter in this section underscores the importance of women’s rights in order to emphasise the need to focus on safeguarding and promoting the human rights of vulnerable groups./-//-/Part II covers substantially the Indian situation relating to RTD. The first chapter in this section provides an overview of the legal and institutional mechanism in India for the protection of human rights in general and women’s rights in particular. The next chapter examines the implementation of the rights to food, health and education. The last chapter in this section details the functioning of Public Interest Litigation (PIL) —which has emerged in recent years as an important mechanism for securing social justice—and the challenges and limitations of this mechanism.

In this thought-provoking book, Jean-Pierre Chauffour argues that freedom in all its economic, civil, and political dimensions is the only internally consistent and mutually supportive way of thinking about development and human rights.

Bsrd A. Andreassen is Professor at the Norwegian Center for Human Rights and Director of Research (human rights and development) at the Law Faculty, University of Oslo. --