The right to development at the beginning of the new millennium

Abstract

International solidarity and the necessity of maintaining a world order characterized by peace and friendly relations among States - as stated in the United Nations Charter - has been the main reason for initiating a study on the Right to Development. The first chapter introduces the framework within which the Right to Development operates. Less developed countries should be the main beneficiaries of the Right to Development, but it is clear that the exercise of the RtD is strictly related to their economic, political and social situation. This is the reason why the Human Rights "corpus" is composed by The Universal Declaration on Human Rights and by two International Covenants, the one on Civil and Political Rights (ICCPR) and the one on Economic, Social and Cultural Rights (ICESCR). The RtD can be therefore considered as part of a "third generation" group of human right. A chronological overview of the most important landmarks of the right to development concludes this chapter. The second chapter deals with an empirical analysis of the RtD, viewed as a fundamental human right, in which every human being has the right to the just and equitable enjoyment of all human rights, without distinction as to race, sex, language, or religion. The enjoyment of the right to development is essential for the enjoyment of all other rights. Then the main aspects of development such as peace, economic development, environmental constraints, justice and democracy are analysed as they are mutually supportive for the realization of the RtD. The various sources of the RtD are then analyzed. The second chapter is concluded with the analysis of the Declartion on the Right to Development of 1986, that formally recognized the RtD as part of the whole of human rights. The third chapter introduces the institutional framework within which the RtD operates. For this purpose, it is useful also to review the role of the FMI, the World Bank and WTO, as well as that of the UN bodies involved such UNCTAD, UNDP, UNIDO, FAQ, IFAD. The chapter is conclude with an analysis of the Millennium Declaration and of the Monterrey Consensus.