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UPA Perpustakaan Universitas Jember

The Right to Development in International Law New Momentum Thirty Years Down the Line?

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The right to development (RTD) is contested in international law, politics
and practice. This remains the case, despite the 30-year existence of the United
Nations Declaration on the Right to Development (UNDRTD), the many substantive
leads that current international law provides, and the renewed inspiration that
can be drawn from Agenda 2030 and its sustainable development goals. This article
explores whether there is a possible new momentum for the RTD in international
law. Deep substantive and political divisions about the exact content and implications
of the RTD prevail between—and within—the North and the South. Up to now
these divisions have stood in the way of achieving greater normative clarity, followup
and implementation action. This state of affairs has directed us to adopt a
pragmatic approach, by which we consider the scope for revitalizing the RTD
through existing provisions of international law, rather than by creating additional
normative frameworks. Thus, after a short sketch of the historical evolution of the
RTD, we examine the nature, substance and implications of this right as conceived
in the UNDRTD. Then, we pursue the question of how existing provisions of
international law could be mobilized more explicitly for the sake of revitalizing the
RTD and more in particular for its actual realization in the future. Three concrete
means of implementation provide at least some prospect for positive change:

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