Legal Obligations and Institutions of Developing Countries: Rethinking Approaches to Forest Governance

AbstractSeveral provisions of the Convention on the Rights of the Child contain references to international cooperation, sometimes in combination with a reference to the needs of developing countries. This article explores whether these references, in light of the interpretation given by the Committee on the Rights of the Child and of other human rights treaties which contain similar wording (in particular the International Covenant on Economic, Social and Cultural Rights and the Disability Convention), amount to a legal obligation to cooperate internationally for development in the field of economic, social and cultural rights. While it is not possible to establish the existence of a legal obligation to provide development assistance in general – which would amount to an extraterritorial obligation to fulfil – legal obligations to respect and protect economic, social and cultural rights of children in third countries do apply. Moreover, the CRC Committee has clarified some specific obligations of fulfilment for donor countries, such as, amongst others, the allocation of 0,7 per cent of GDP to development assistance, and the adoption of a rights-based approach to development cooperation, in which children's rights are mainstreamed.

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Change in forest governance in developing countries – in search of sustainable governance arrangements

International Journal of the Commons ◽

10.18352/ijc.258 ◽

2010 ◽

Vol 4 (2) ◽

pp. 683 ◽

Cited By ~ 2

Author(s):

Sabine Weiland ◽

Tom Dedeurwaerdere

Keyword(s):

Developing Countries ◽

Forest Governance ◽

Governance Arrangements

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Implementing the Social and Economic Rights of Children in Developing Countries: The Place of International Assistance and Cooperation

The International Journal of Children s Rights ◽

10.1163/157181810x494308 ◽

2010 ◽

Vol 18 (3) ◽

pp. 355-385 ◽

Cited By ~ 4

Author(s):

Michael Wabwile

Keyword(s):

Developing Countries ◽

Social Rights ◽

Economic Rights ◽

International Protection ◽

Macroeconomic Conditions ◽

Financial Cooperation ◽

Rights Of The Child ◽

Legal Obligations ◽

The Social ◽

State Practice

AbstractIt is a common feature of the treaties on international protection of economic and social rights that all states, regardless of their resource capabilities, are invited to ratify these treaties. Although all developing countries except Somalia have ratified the Convention on the Rights of the Child, the macroeconomic conditions of systemic poverty and underdevelopment in these countries indicate that there are concerns as to whether and how such states can really perform their legal obligations and guarantee the fulfilment of the Convention's economic and social rights. This article examines the emerging patterns of recent state practice in this area, with a view to identifying the contribution of international cooperation and assistance in these processes. The gist of the discussion presented here is that despite their macro-economic disadvantages, developing countries can accelerate the processes of achieving full implementation of economic and social rights if they have access to appropriate arrangements for external technical and financial cooperation and assistance. In view of this, it is suggested that there may be a legal obligation on the part of the international community to render such assistance and cooperation.

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Redd as Multi-Level Governance In-The-Making

Energy & Environment ◽

10.1260/095830508785363622 ◽

2008 ◽

Vol 19 (6) ◽

pp. 831-844 ◽

Cited By ~ 22

Author(s):

Margaret Skutsch ◽

Patrick E. Van Laake

Keyword(s):

Developing Countries ◽

Local Level ◽

Governance Structure ◽

The State ◽

Forest Governance ◽

Carbon Credits ◽

Essential Step ◽

Multi Level ◽

North And South ◽

Different Levels

A new policy, Reduced Emissions from Deforestation and Degradation in Developing Countries, is currently being discussed under the UNFCCC. This policy will necessarily involve multi-level governance and involve international, national and local level bodies in both North and South. The paper considers a number of unresolved issues relating to Reducing Emissions from Deforestation in Developing Countries and how the interests of the different levels in this governance structure will be reflected in them. It demonstrates that on several issues there is more difference in interest between different South Parties than between South and North. It also shows that recognition of traditional and local level forest governance capacities by national Parties may be an essential step not only to control deforestation and degradation, but also to provide the data that the state will need to claim carbon credits.

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