Adapting International Law to the Development of the Third World

1982 ◽  
Vol 26 (1) ◽  
pp. 12-20 ◽  
Author(s):  
Maurice Flory

What is the connection between international law and economic development? The answer will very likely be different according to whether the question is asked in a developed country or in one of the 120 less-developed countries. Consequently the answer can only be found in international law itself.Criticism has been levelled against the International Law Commission on the ground that its work only deals with the traditional topics which constitute the core of international law. Such criticism implies that the Commission has failed to perceive the need for developing international law adequately to encompass new areas.Of course this assertion could be disputed. However, the General Secretary of the United Nations, in a Survey of International Law published in April, 1971, clearly points to a number of newly emerging areas of concern, including the law relating to economic development which comprises the following headings:1. international legal rules and measures concerning regulation and coordination of the economic activities of states;2. international trade;3. economic and technical assistance.In order to assess the full implication of this question, it should be appreciated that the activities of the U.N. and of a growing number of international economic institutions are now devoted increasingly to development. The numerous relevant publications issued especially, but not only, by Third World lawyers show how this matter is becoming of fundamental importance. Indeed, there can be little doubt that Foreign Office legal advisers would readily admit that much of their daily work involves questions of international economic law. Nevertheless, if one looks at the role allocated to this subject by what may loosely be called the established international law, one must recognise that this is, indeed, a very modest role.

Author(s):  
Mai Taha

In Gillo Pontecorvo’s evocative film The Battle of Algiers (1966), viewers reach the conclusion that the fight against colonialism would not be fought at the UN General Assembly. Decolonization would take place through the organized resistance of colonized people. Still, the 1945 United Nations Charter and the 1948 Universal Declaration of Human Rights provided some legal basis, albeit tenuous, for self-determination. When Third World leaders assembled in the 1955 Bandung Conference, it became clear that the UN needed to shift gears on the question of decolonization. By 1960, and through a show of Asian and African votes at the General Assembly, the Declaration for the Granting of Independence to Colonial Countries and Peoples was adopted, effectively outlawing colonialism and affirming the right of all peoples to self-determination. Afro-Asian solidarity took a different form in the 1966 Tricontinental Conference in Havana, which founded the Organization of Solidarity with the People of Asia, Africa and Latin America. The conference gathered leftist activists and leaders from across the Third World, who would later inspire radical movements and scholarship on decolonization and anticolonial socialism. This would also influence the adoption of the 1974 Declaration on the Establishment of a New International Economic Order and later lead to UNESCO’s series that starts with Mohammed Bedjaoui’s famous overture, Towards a New International Economic Order (1979; cited as Bedjaoui 1979 under the Decolonization “Moment”). This article situates this history within important international-law scholarship on decolonization. First, it introduces different approaches to decolonization and international law; namely, postcolonial, Marxist, feminist, and Indigenous approaches. Second, it highlights seminal texts on international law and the colonial encounter. Third, it focuses on scholarship that captures the spirit of the “decolonization moment” as a political and temporal rupture, but also as a continuity, addressing, fourth, decolonization and neocolonial practices. Finally, this article ends with some of the most important works on international law and settler colonialism in the 21st century.


LITIGASI ◽  
2016 ◽  
Vol 16 (1) ◽  
Author(s):  
M. SHIDQON PRABOWO

A developed country typically signed by transformation from manufacturing society to service society and it will influenced the role of law. Many problem will be faced in the third world such as education, cultural, welfare and law enforcement. Meanwhile, economic development depends on essensial items  such as predictability, procedural ability, codification against goals, balance of akomodation dan definition status. Indonesian economic development in new orde era that impressed an increasing level of prosperity continously makes lowfare society hopes a lot. But in the long term prospect, it will make an economic suffer in a sistemic way. This can be seen as a moneteric crisis in the 1998. Economic development in a country will never be happened without law policy whether in the domestic and foreign country as well as from rapid influence globalisation era. Through the progressive approach, law economic development analisis will be deeply studied for furthermore.Keyword : Economic development; Progressive ABSTRAKTipikal negara berkembang ditandai dengan adanya transformasi dari masyarakat buruh menjadi masyarakat madani dan hal ini berpengaruh pada peran hukum itu sendiri. Berbagai masalah akan timbul pada negara dunia ketiga seperti pendidikan, budaya, kesejahteraan dan hukum. Sementara itu, perkembangan ekonomi bergantung pada hal-hal esensial seperti prediktabilitas, kemampuan prosedural, codification against goals, keseimbangan akomodasi dan definisi status. Perjalanan pembangunan ekonomi Indonesia pada era Orde Baru yang mengesankan terjadinya peningkatan kesejahteraan secara berkelanjutan dan bertahap, telah menjadikan harapan bagi masyarakat menengah ke bawah. Akan tetapi, pada prospek jangka panjang justru menyisakan tangisan dan penderitaan ekonomi secara sistemik. Hal ini dapat dilihat dari krisis moneter yang bergejolak pada tahun 1998. Perkembangan Ekonomi di suatu negara tidak terlepas dari kebijakan hukum baik dalam negeri maupun luar negeri dan pengaruh arus deras globalisasi. Melalui pendekatan progresif inilah analisis pembangunan hukum ekonomi dikaji lebih mendalam.Kata Kunci:  Pembangunan Ekonomi; Progresif                      


Author(s):  
Sara Lorenzini

This chapter examines how the Soviet Union attacked Point Four as “A Program for Expansion under a Screen of Anti-Communism” that was no different from older forms of imperialism. While condemning American assistance, however, they applauded a fair aid policy that supported political independence and invested to promote national agriculture and industry. This signaled that they were open to joining a multilateral program and offering technical assistance and industrial machinery to underdeveloped countries, with a stress on equality and open criticism of imperialist dynamics. But what would the Soviets contribute? Western analysts thought of expertise, while critics familiar with the Central Asian precedent worried about the repression of minorities. Only in 1954 did the Soviet Union respond with a plan for the Virgin Lands, the campaign to bring up-to-date farming and irrigation techniques to backward steppe regions in Kazakhstan. This became a paradigm for what socialist modernity could offer to less developed countries. The chapter then recounts how, in the early 1950s, the world's less-developed countries began identifying as a homogeneous group. In the United Nations, the phrase used was “underdeveloped countries,” but this was soon replaced by a much more evocative concept: the “Third World.” The expression was coined in 1952 by French demographer Alfred Sauvy, who anticipated a collective awakening of the subject peoples previously ignored, exploited, and watched warily.


1985 ◽  
Vol 24 (1) ◽  
pp. 77-82
Author(s):  
Zia Ul Haq

Amiya Kumar Bagchi, an eminent economist of the modern Cambridge tradition, has produced a timely treatise, in a condensed form, on the development problems of the Third World countries. The author's general thesis is that economic development in the developing societies necessarily requires a radical transformation in the economic, social and political structures. As economic development is actually a social process, economic growth should not be narrowly defined as the growth of the stock of rich capitalists. Neither can their savings be equated to capital formation whose impact on income will presumably 'trickle down' to the working classes. Economic growth strategies must not aim at creating rich elites, because, according to the author, "maximizing the surplus in the hands of the rich in the Third World is not, however, necessarily a way of maximizing the rate of growth".


Author(s):  
Ayokunle Olumuyiwa Omobowale

The world is technologically advancing, but the management of resultant waste, commonly known as e-waste, is also becoming very challenging. Of major concern is the incessant flow of this waste into the developing world where they assume secondhand value in spite of the associated environmental threats. This study adopts the qualitative approach to examine this phenomenon in Nigeria. The study reveals that aside from being cheaper than the new products, second-hand goods are usually preferred to the new products due to the substandard nature of most new electronics largely imported from Asia (especially China). The tag of Tokunbo or ‘imported from the West’ associated with second-hand goods imported from developed countries makes them more preferable to the public relative to new electronics imported from China, disparagingly termed Chinco. Yet both the second-hand electronics that are socially appreciated as Tokunbo and the substandard new electronics imported into Nigeria together render the country a huge recipient of goods that soon collapse and swell the e-waste heap in the country. This situation may be mitigated through strengthening the Standards Organisation of Nigeria and the National Environmental Standards and Regulations Enforcement Agency, and also by sensitizing Nigerians on the dangers inherent in e-wastes.


2020 ◽  
Vol 1 (2) ◽  
pp. 217-224
Author(s):  
B. Setiawan ◽  
Tri Mulyani Sunarharum

Of the many important events that occurred in the two decades of the 21st century, the process of accelerating urbanization—especially in third-world countries—became something quite phenomenal. It's never even happened before. In the early 2000s, only about 45 percent of the population in the third world lived in urban areas, by 2020 the number had reached about 55 percent. Between now and 2035 the percentage of the population living in urban areas will reach about 85 percent in developed countries. Meanwhile, in developing countries will reach about 65 percent. By 2035, it is also projected that about 80 percent of the world's urban population will live in developing countries' cities.


2019 ◽  
Vol 41 (3) ◽  
pp. 529-551 ◽  
Author(s):  
Victor Carneiro Corrêa Vieira

Abstract In 1946, Mao Zedong began to elaborate his theory of the Third World from the perception that there would be an ‘intermediate zone’ of countries between the two superpowers. From there, he concluded that Africa, Latin America, and Asia, except for Japan, would compose the revolutionary forces capable of defeating imperialism, colonialism, and hegemonism. The start of international aid from the People’s Republic of China to developing countries dates back to the period immediately after the Bandung Conference of 1955, extending to the present. Through a bibliographical and documentary analysis, the article starts with the following research question: What role did domestic and international factors play in China’s foreign aid drivers over the years? To answer the question, the evolution of Chinese international assistance was studied from Mao to the Belt and Road Initiative, which is the complete expression of the country’s ‘quaternity’ model of co-operation, combining aid, trade, investment, and technical assistance.


2020 ◽  
Vol 2020 (3) ◽  
pp. 25-40
Author(s):  
Valentyna Harkavenko ◽  
◽  
Galina Yershova ◽  
◽  

Examining the transformation of financial relations in Ukraine, in the previous article the authors analyzed the impact of foreign capital on the economic development of this country’s economy and found that its concentration in certain economic activities contributed to consolidating its raw material orientation. The authors conclude that due to the distorted model of Ukraine's economic development, successful practices of developed countries to attract foreign investment and reform the financial sector are ineffective in this country’s economy. Continuing the study of the transformations of financial relations in Ukraine, which are taking place under the influence of the approximation of domestic legislation to European standards, the authors could not leave aside the question of impact of the liberalization of currency legislation on the economy. Given that currency liberalization significantly affects the behavior of foreign investors, the authors conducted an in-depth analysis of legislative changes in the financial sector, and described the main results of their implementation. The positive and negative consequences of currency liberalization in Ukraine for business entities and the economy in general are analyzed. Particular attention is paid to the risks associated with the liberalization of operations related to the movement of capital and the behavior of non-residents in the financial market of Ukraine. It is concluded that Ukraine’s economy with its distorted development model belongs to the financially and institutionally weak ones, hence is not presently ready to liberalize its monetary relations, which could only deepen the deformations and reduce resilience to macroeconomic imbalances.


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