scholarly journals Is Development a Lost Paradise? Trade, Environment, and Development: A Triadic Dream of International Law

2007 ◽  
Author(s):  
Upendra D. Acharya
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Developing Nations ◽  
Environmental Concerns ◽  
Right To Development ◽  
The World ◽  
History Of ◽  
Environment And Development ◽  
The Right ◽  
Developed Nations

After providing a brief background on international law, the history of the right to development is discussed. International law, as it exists today, has been abused by developed nations in their position of power over underdeveloped nations. The right to development, first formalized by the United Nations in 1986 with the Declaration on the Right to Development, was meant to give people of the developing world a right to development. However, the right to development has been supplanted by the concept of sustainable development, as orchestrated by the developed nations. It was hopeful that organizations like the World Trade Organization would implement the right to development through trade; however, these organizations have become merely a tool for the developed nations and associated corporations to continue their dominance over developing nations. Environmental concerns in recent times have shifted the international focus from the right to development to sustainable development, and the right to development has been overlooked. A legal right to development must be recognized before sustainable development can be applied as a tool to benefit underdeveloped nations through environmental and trade-related policy.

Part III Conceptual Pillars, Ch.17 Sustainable Development

2021 ◽  
Author(s):  
Viñuales Jorge E
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Environmental Crisis ◽  
Policy Response ◽  
Ethical Dimension ◽  
Legal Practice ◽  
Main Concept ◽  
Practical Operation ◽  
The World ◽  
History Of

This chapter focuses on sustainable development, which is the main concept underpinning the policy response to the environmental crisis the world faces. It examines the concept of sustainable development specifically from the perspective of international law. The chapter investigates three main aspects: (1) the conceptual history of sustainable development; (2) the legal meaning attached to this concept; and, on the basis of these two aspects, also (3) the nature, functions, and practical operation of sustainable development in international legal practice. One major challenge that must be overcome when writing about sustainable development is the conceptual fog coating a large part of the work in this area. This is partly due to the deliberate vagueness of the concept, which lends itself to far too many (mis-)interpretations. To navigate this difficulty, one must strike a balance among three competing considerations, namely the conceptual aspects of sustainable development, the actual practice in the use of this concept, and its inherent ethical dimension.

scholarly journals The Failure of New International Economic Order: a Lesson Learned

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 141
Author(s):  
M. Ya'kub Aiyub Kadir
Keyword(s):  
International Economic ◽  
International Law ◽  
International Economic Order ◽  
Economic Justice ◽  
Economic Order ◽  
Economic Competition ◽  
Right To Development ◽  
The World ◽  
World Economic ◽  
The Right

The establishment of the New International Economic Order (NIEO) has been underpinning the development of international law. The shortcomings of this struggle should be seen as a lesson-learn to step forward in the future. It is also essential to harmonise the economic justice relationship among all countries in the world regardless the developed or the developing countries. The sustainable struggle in the world economic sphere will appear as a shout from the perceived disadvantaged countries from an economic competition in the world.  The establishment of the right to development that have been adopted in international law is a part of journey of TW struggled in international relation. The paper is simultaneously based on the perception of understanding of principles of  NIEO coupled with scepticisms toward this principles and auto criticism of that scepticism in order to be a proposal as a source of international law in future

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

JAK LUDOBÓJSTWO ZOSTAŁO UZNANE ZA ZBRODNIĘ – DZIEDZICTWO RAFAŁA LEMKINA

2016 ◽  
Vol 10 (2) ◽  
pp. 69-85 ◽  
Author(s):  
Sam MCFARLAND ◽  
Katarzyna HAMER
Keyword(s):  
International Law ◽  
War Crimes ◽  
Genocide Convention ◽  
Entire Life ◽  
War Crimes Trials ◽  
Criminal Charge ◽  
Short Biography ◽  
The World ◽  
Real Change ◽  
History Of

Raphael Lemkin is hardly known to a Polish audiences. One of the most honored Poles of theXX century, forever revered in the history of human rights, nominated six times for the Nobel PeacePrize, Lemkin sacrificed his entire life to make a real change in the world: the creation of the term“genocide” and making it a crime under international law. How long was his struggle to establishwhat we now take as obvious, what we now take for granted?This paper offers his short biography, showing his long road from realizing that the killing oneperson was considered a murder but that under international law in 1930s the killing a million wasnot. Through coining the term “genocide” in 1944, he helped make genocide a criminal charge atthe Nuremburg war crimes trials of Nazi leaders in late 1945, although there the crime of genocidedid not cover killing whole tribes when committed on inhabitants of the same country nor when notduring war. He next lobbied the new United Nations to adopt a resolution that genocide is a crimeunder international law, which it adopted on 11 December, 1946. Although not a U.N. delegate – hewas “Totally Unofficial,” the title of his autobiography – Lemkin then led the U.N. in creating theConvention for the Prevention and Punishment of the Crime of Genocide, adopted 9 December, 1948.Until his death in 1958, Lemkin lobbied tirelessly to get other U.N. states to ratify the Convention.His legacy is that, as of 2015, 147 U.N. states have done so, 46 still on hold. His tomb inscriptionreads simply, “Dr. Raphael Lemkin (1900–1959), Father of the Genocide Convention”. Without himthe world as we know it, would not be possible.

The Historiography of Environmental History

2018 ◽  
Author(s):  
J. R. McNeill
Keyword(s):  
Climate Change ◽  
Environmental History ◽  
Industrial Pollution ◽  
Full Scale ◽  
Environmental Concerns ◽  
The Us ◽  
The World ◽  
History Of ◽  
The 1960S ◽  
The Relationship

This chapter discusses the emergence of environmental history, which developed in the context of the environmental concerns that began in the 1960s with worries about local industrial pollution, but which has since evolved into a full-scale global crisis of climate change. Environmental history is ‘the history of the relationship between human societies and the rest of nature’. It includes three chief areas of inquiry: the study of material environmental history, political and policy-related environmental history, and a form of environmental history which concerns what humans have thought, believed, written, and more rarely, painted, sculpted, sung, or danced that deals with the relationship between society and nature. Since 1980, environmental history has come to flourish in many corners of the world, and scholars everywhere have found models, approaches, and perspectives rather different from those developed for the US context.

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