International development law : principles, progress and prospects

Abstract

This thesis sets out to examine the discipline of international development law by first tracing the evolution of the discipline, from its humble origins as the droit international du développement to its current status as a somewhat neglected dimension of sustainable development. The normative framework of the discipline is explored, initially by observing historic attempts to achieve consensus over its fundamental principles. A quarter of a century after the International Law Association's Seoul Declaration on the Progressive Development of Principles Relating to a New International Economic Order, the contemporary relevance and status of its principles are examined, before concluding that further normative development is required to ensure that international development law can respond to a host of pressing global challenges. Particular attention is devoted to the right to development and the challenges it presents to the Western human rights orthodoxy. A quarter of a century after the adoption of the United Nations Declaration on the Right to Development, the international community is still a long way from attaining its lofty ideals. The right's proponents must now seek to move the debate beyond polarising controversies, so as to focus the international community's attention on its practical implementation. Ultimately, international development law remains in statu nascendi, largely due to lack of follow up by the international community, an absence of political will on the part of developed states as well as, to a certain degree, ineffective diplomatic tactics utilised by developing states themselves. Additionally, the sustainable development approach has prioritised environmental law at the expense of international development law, further contributing to the sluggish growth of the discipline. In conclusion, the international community must not only take a renewed interest in the normative development of this discipline, but also ensure its transition from the realm of rhetoric to implementation and compliance.