Sovereign Debt and the Right to Development

Author(s):  
Gail Hurley

The right to development is an over-arching, synthesis-based collective right that has found a solid place in the international human rights architecture. Under the UN Declaration on the Right to Development, States have the primary responsibility for establishing national and international conditions favourable to the realisation of the right to development. According to the high-level task force on the implementation of the right to development, this responsibility is at three levels: (a) States acting collectively in global and regional partnerships; (b) States acting individually as they adopt and implement policies that affect persons strictly not within their jurisdiction, and (c) States acting individually as they formulate national development policies and programmes affecting persons within their jurisdiction. The right to development also implies the full realisation of the right of peoples to self-determination. In many contexts, however, onerous debt service obligations and related conditionalities often undermine country ownership of national development strategies, thereby threatening the right to development.

2015 ◽  
Vol 12 (1) ◽  
pp. 81-115
Author(s):  
Siobhán Airey

This article addresses the specific norm-generation function of indicators in a human rights context, focusing on ways that indicators foreground and legitimize as ‘truth’ particular worldviews or values. It describes the stakes of this process through elaborating on the concept of ‘indicatorization’, focusing on one moment in which the relationship between human rights and development was defined through indicators: the indicatorization of the Right to Development by a un High Level Task Force in 2010. In this initiative, different perspectives on human rights, equality, participation and development from within the un and the World Bank were brought together. This resulted in a subtle but significant re-articulation of ideas contained in the 1986 un Declaration on the Right to Development. The article argues that how indicatorization happens, matters, and has important implications for the potential role of human rights discourse within international economic relations.


2016 ◽  
Vol 16 ◽  
pp. 11-30
Author(s):  
Carlos Luiz Strapazzon ◽  
Robison Tramontina ◽  
Gina Vidal Marcilio Pompeu ◽  
Ingo Wolfgang Sarlet ◽  
Margareth Leister ◽  
...  

A EJJL reativa a seção de entrevistas para oferecer ao seu público leitor este diálogo, de natureza experimental, entre uma pesquisadora notável no campo dos direitos fundamentais, direitos humanos e direitos constitucionais (entrevistada) e pesquisadores da Rede Brasileira de Pesquisa em Direitos Fundamentais. Nesta nossa entrevista, seis Programas de Pós-Graduação stricto sensu (mestrados e doutorados), todos com área de concentração ou linha de pesquisa em Direitos Humanos e Direitos Fundamentais, aceitaram o convite da EJJL.Flávia Piovesan é uma das mais destacadas pesquisadoras e autoras do Brasil, no tema dos direitos humanos. É doutora em Direito pela Pontifícia Universidade Católica de São Paulo (1996). É professora de Graduação e Pós-Graduação em Direito dessa mesma Universidade paulista. Foi Visiting fellow do Human Rights Program da Harvard Law School (1995 e 2000); visiting fellow do Centre for Brazilian Studies da University of Oxford (2005); visiting fellow do Max-Planck-Institute for Comparative Public Law and International Law (Heidelberg, 2007 e 2008) e Humboldt Foundation Georg Forster Research Fellow no Max-Planck-Institute for Comparative Public Law and International Law (2009-2011). É membro do Conselho de Defesa dos Direitos da Pessoa Humana; membro da UN High Level Task Force on the implementation of the right to development; e membro do OAS Working Group para o monitoramento do Protocolo de San Salvador em matéria de direitos econômicos, sociais e culturais.


2005 ◽  
Vol 23 (3) ◽  
pp. 409-438 ◽  
Author(s):  
Margot E. Salomon

A novel mechanism that brings together human rights experts with the representatives of the international development, finance and trade institutions was recently established within the United Nations (UN) under the auspices of the Working Group on the Right to Development. At its first session, this High-Level Task Force adopted a range of recommendations on challenges to the Millennium Development Goals and on the importance of human rights impact assessments. In so doing, it took some initial steps towards integrating the international law of human rights, including the framework provided by the 1986 UN Declaration on the Right to Development, into the priority areas of these other international actors. The aim of this commentary is to provide insight into the conclusions adopted by the Task Force and to highlight the contribution of the human right to development to the topics under its consideration. It also seeks to reflect on the significance of human rights law to issues that were tabled, such as, accountability for human rights at the international level, international cooperation, economic growth, and trade-offs in the allocation of resources. In concluding that the Task Force must face head on the impediments to the realisation of human rights posed by the institutional arrangements for the governance of the international economic order, the article ends by offering suggestions for its future work.


Author(s):  
Balingene KAHOMBO

This paper examines, from a legal and socio-economic perspective, how the right to development materializes its promises and realization in the Democratic Republic of the Congo (DRC). In this regards, it analyzes its incorporation in the Congolese legal order, defines its constituent elements, and the measures which have been adopted to implement the constitutional framework. It also identifies challenges to the right to development in the DRC and permissive conditions for its effective enjoyment. The main conclusion is that the right to development enshrined in the Congolese law remains more a matter of claims and aspirations than a tangible reality reflecting an increase in the quality of life of the Congolese people. Obstacles to the realization and enjoyment of the right to development include the adverse effects of capitalist liberalism, the extraversion of Congolese development policies, and the culture of predation which dates back to the colonial period. The Congolese leadership has a historic responsibility to trigger or impose the much needed change. This will require not only the integration of the DRC’s international commitments in its domestic development policies based on an internal dynamic putting Congolese at the center of every socio-economic initiative, but also a state which has effective authority over its territory to defend the rule of law, is more interventionist so as to stop the current intentional destruction of the country, and promotes ethical behaviours in public services.


2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Olasupo Ayodeji Owoeye

AbstractThis article explores the connection of health to human and socio-economic development and the protection of pharmaceutical patents. It examines the concept of development and the right to development in international law in the context of access to medicines and patents protection. The provisions of the General Agreement on Tariffs and Trade (GATT) and the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS Agreement) that are significant to the pursuit of development are discussed. The article argues that there is a cognisable right to development in international law that is well recognised in international trade law and the pursuit of development should be duly taken into account in the negotiation and implementation of trade and IP agreements. The article highlights the potential danger in eroding the flexibilities in the TRIPS Agreement through the negotiation of free trade agreements and emphasises the need for IP and trade agreements to sufficiently accommodate and recognise legitimate measures genuinely taken to enhance national development. It is argued that developing countries should have a national IP implementation plan that can effectively enhance their human development objectives.


Author(s):  
Mauricio Drelichman ◽  
Hans-Joachim Voth

Why do lenders time and again loan money to sovereign borrowers who promptly go bankrupt? When can this type of lending work? As the United States and many European nations struggle with mountains of debt, historical precedents can offer valuable insights. This book looks at one famous case—the debts and defaults of Philip II of Spain. Ruling over one of the largest and most powerful empires in history, King Philip defaulted four times. Yet he never lost access to capital markets and could borrow again within a year or two of each default. Exploring the shrewd reasoning of the lenders who continued to offer money, the book analyzes the lessons from this historical example. Using detailed new evidence collected from sixteenth-century archives, the book examines the incentives and returns of lenders. It provides powerful evidence that in the right situations, lenders not only survive despite defaults—they thrive. It also demonstrates that debt markets cope well, despite massive fluctuations in expenditure and revenue, when lending functions like insurance. The book unearths unique sixteenth-century loan contracts that offered highly effective risk sharing between the king and his lenders, with payment obligations reduced in bad times. A fascinating story of finance and empire, this book offers an intelligent model for keeping economies safe in times of sovereign debt crises and defaults.


2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Chiemeka Onyema

The goal of berthing Nigeria’s full-scale industrial revolution is yet to be achieved. All the industrial development plans have so far failed to accelerate the nation’s industrialization, hence the country’s low industrial base which has kept her in the league of developing nations. In fact, Nigeria has in recent times been experiencing deindustrialization, as several industries have collapsed and some others, such as Unilever and Michelin, have relocated to other countries. Several factors are responsible for Nigeria’s low industrial development and they include: inadequate infrastructure (particularly, energy), poor technological base, multiple taxes and levies, and, the shortage and high cost of foreign exchange. Despite a growing body of literature on industrialization in Nigeria, not much has been written about the link between Public Service Reforms and industrialization in Nigeria. This paper examines the links between the implementation of the Service Compact (SERVICOM) Charter and the achievement of Nigeria’s industrial development policies, especially the ‘Ease of Doing Business’ Policy. The paper makes the case that the goal of industrializing Nigeria will not be fully realised without an efficient Public Service. Furthermore, the paper highlights the need for Nigerian public servants to have the right work attitude, and to be morally upright and patriotic, in order to create a business-friendly environment and to build investor confidence, so as to facilitate and accelerate the country’s industrialization and overall national development. The author recommends that the Nigerian government should strengthen the implementation of the Servicom Charter and also incorporate the Charter into the industrialization plan.


2019 ◽  
Vol 65 (1) ◽  
pp. 27-41
Author(s):  
Yelena Artamonova

Lung cancer is the leading cause of mortality from malignant tumors all over the world. Since most patients at the time of diagnosis already have stage III-IV of the disease, the search for new effective treatment strategies for advanced NSCLC is the most important problem of modern oncology. The results of the study of the anti-PD1 monoclonal antibody pembrolizumab were a real breakthrough in the treatment of NSCLC. In the KEYN0TE-001 study, the expression of PD-L1 on tumor cells was validated as a predictive biomarker of the drug's efficiency. Pembrolizumab demonstrated the possibility of achieving long-term objective responses, and a 4-year 0S with all histological types in the subgroup of pre-treated patients with PD-L1 expression> 50% was 24.8% and 15.6% in the PD-L1> 1% group. In a phase 2/3 randomized study KEYN0TE-10 in the 2nd line treatment of NSCLC with PD-L1 expression > 1% pembrolizumab significantly increased life expectancy compared to docetaxel and confirmed the possibility of longterm duration of objective responses, even after cessation of treatment. Then the focus of research shifted to the 1st line of treatment. About 30% of patients with NSCLC have a high level of PD-L1 expression on tumor cells and demonstrate the most impressive response to pembrolizumab therapy. A randomized phase 3 study KEYN0TE-024 compared the effectiveness of pembrolizumab monotherapy with a standard platinum combination in patients with advanced NSCLC with a high level of PD-L1 expression without EGFR mutations or ALK translocation. Compared with the platinum doublet the administration of pembrolizumab significantly increased all estimated parameters, including the median of progression-free survival (mPFS was 10.3 months versus 6 months; HR = 0.50; 95% CI 0.37-0.68, p < 0.001), the objective response rate (ORR 44.8% versus 27.8%), duration of response (in the pembrolizumab arm the median was not reached, in the chemotherapy (CT) group - 6.3 months). Despite the approved crossover, the use of pembrolizumab in the 1st line of treatment more than doubled the life expectancy of NSCLC patients with high PD-L1 expression as compared to CT: the median overall survival (OS) was 30.0 months versus 14.2 months (HR = 0.63, p = 0.002), 1-year OS 70.3% versus 54.8%; 2-year OS - 51.5% versus 34.5%. The remaining population to study were untreated patients with any level of PD-L1 expression. A randomized phase 3 study KEYNOTE-189 evaluated the effectiveness of adding pembrolizumab to the platinum combination in the 1st line treatment of non-squamous NSCLC without EGFR and ALK mutations with any PD-L1 expression. The addition of pembrolizumab to the standard 1st line CT significantly increased all estimated efficacy indicators including OS, PFS and ORR. After a median follow-up of 10.5 months the median OS in the pembrolizumab combination group was not reached and in CT group was 11.3 months. The estimated 12-months survival was 69.2% and 49.4% respectively (HR = 0.49; 95% CI 0.38-0,64; p <0.001). The median PFS was 8.8 months versus 4.9 months, alive 1 year without progression 34.1% and 17.3% of patients respectively (HR = 0.52; p <0.001). The ORR in the group with pembrolizumab reached 47.6% versus 18.9% in CT group, moreover the tumor regressions were much longer. Finally a randomized 3-phase study KEYN0TE-407 evaluated the effectiveness of adding pembrolizumab to 1st-line CT of NSCLC with squamous histology with any PD-L1 expression. As the first analysis showed, the addition of permboli-zumab significantly increased OS of patients with squamous NSCLC, median OS 15.9 months versus 11.3 months in the groups of pembrolizumab + CT and placebo + CT respectively (HR = 0.64; 95% CI 0,49-0.95; p = 0.0006), median PFS 6.4 months and 4.8 months respectively (HR = 0.56; 95% CI 0.450.70; p <0, 0001) and OrR 57.9% versus 38.4%, the median response duration 7.7 months versus 4.8 months. Thus, the convincing advantages of using pembrolizumab in 1st line therapy were demonstrated in 3 randomized phase 3 studies: in monotherapy of NSCLC of any histological subtype with high PD-L1 expression, and in combination with CT in squamous and non-squamous hystologies regardless of the level of PD-L1 expression.


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