International law, Sixth edition
particularly called upon to ensure
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International Law MALCOLM N. SHAW
particularly called upon to ensure inter alia equal opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. Effective measures are to be undertaken to ensure that women participate in the development process and appropriate economic and social reforms are to be carried out with a view to eradicating all social injustices (article 8). The ques- tion of encouraging the implementation of this Declaration was the sub- ject of continuing UN attention, 195 with the reaffirmation of the right to 192 Judgment of 29 March 2006, Series C, No. 146, paras. 17 ff., 187 ff. and 210 ff. 193 See e.g. Le Droit au D´eveloppement au Plan International (ed. R. J. Dupuy), Paris, 1980; A. Pellet, Le Droit International du D´eveloppement, 2nd edn, Paris, 1987; K. Mbaye, ‘Le Droit du Developpement comme un Droit de l’Homme’, 5 Revue des Droits de l’Homme, 1972, p. 503; Report of the UN Secretary-General on the International Dimensions of the Right to Development as a Human Right, E/CN.4/1334, 1979; O. Schachter, ‘The Emerging Inter- national Law of Development’, 15 Columbia Journal of Transnational Law, 1976, p. 1; R. Rich, ‘The Right to Development as an Emerging Human Right’, 23 Va. JIL, 1983, p. 287; K. de Vey Mestdagh, ‘The Right to Development’, 28 NILR, 1981, p. 31; I. Brownlie, The Human Right to Development, Commonwealth Secretariat Human Rights Unit Occasional Paper, 1989; C. Weeramantry, ‘The Right to Development’, 25 IJIL, 1985, p. 482; P. Alston, ‘Revitalising United Nations Work on Human Rights and Development’, 18 Melbourne University Law Review, 1991, p. 216, and T. Kunanayakam, Historical Analysis of the Prin- ciples Contained in the Declaration on the Right to Development, HR/RD/1990/CONF.1, 1990. 194 General Assembly resolution 41/128. 195 Note e.g. the Global Consultation carried out in 1990, E/CN.4/1990/9/Rev.1, 1990: see R. Barsh, ‘The Right to Development as a Human Right: Results of the Global Consultation’, 302 i n t e r nat i o na l l aw development by the UN Vienna Declaration and Programme of Action, 1993 196 and the establishment by the UN Commission on Human Rights of a Working Group on the Right to Development in the same year. 197 It should also be noted that Principle 3 of the Rio Declaration on Environ- ment and Development, 1992 stipulated that ‘the right to development must be fulfilled so as to equitably meet developmental and environmen- tal needs of present and future generations’. 198 While the general issue of development is clearly on the international agenda in the context of eco- nomic issues and broad human rights concerns, it is premature to talk in terms of a legal right in international law of groups or peoples or states to development. 199 Other suggested collective rights have included the right to a healthy environment 200 and the right to peace. 201 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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