Skip to main content

Inward looking strategy? Shifting conceptions of development in international law


By Arjun Kumar, Anshula Mehta, Sakshi Sharda, Chhavi Kapoor, Mahima Kapoor*
With the COVID-19 pandemic, counties across the world have adopted an inward-looking and isolated strategy. Given this, how we conceptualize development in the purview of international law and what mechanisms we use for the same become pertinent questions. Keeping in line with this, the Centre for Human Dignity and Development, IMPRI, in collaboration with the Centre for Development, Communication and Studies, Jaipur, organized a web policy talk on Shifting Conceptions of Development in International Law under the State of Development Discourses- #CohesiveDevelopment series.
The chair and moderator, Professor Sunil Ray, Director of A. N. Sinha Institute of Social Studies, Patna; Advisor CDECS and IMPRI laid the groundwork to facilitate the discussion of new ideas and concepts regarding the theory of development, which has been a part of the literature for several decades, in the context of international law. The underpinnings of the same are to analyze the role of international law to bring international relations and co-operation for development.
While GDP growth and other related parameters have been written about and incorporated in policymaking extensively, other areas such as social injustice, social discrimination, patriarchy, and human rights and the legal system built around them have to be brought to the center stage. In order to ensure sustainability, solidarity among the people, with institutions, and with ecology will have to be incorporated in the legalization process.
The esteemed speaker, Professor Koen De Feyter, Professor of Public International Law; Spokesperson of the Law and Development Research Group at the Law Faculty of the University of Antwerp, Belgium started with a research project that he was involved in. It concerned slum dwellers utilizing water and sanitation resources to access drinking water. While the right to clean water is recognized in the legal system of India, there exists a gap between what exists on paper and the ground reality. Strategic insight into understanding the context in which the law will work becomes necessary.

The Conception

The inception of the intersection of law and development emerged post-colonialism periods, where researchers in former colonial powers aimed to understand their role with respect to the newly independent countries. In “The Limits of Law and Development”, Sam Adelman and Abdul Paliwala argued the feasibility of discarding the concept of development altogether. The basis of this was that development, especially economic development, has been used to create injustices.
In the post-colonialism era, international law paved the way for international society. The members would have to have a state that resembled that of the West. The focus was more towards establishing sovereignty over the newly independent countries, rather than establishing rights. The Third World Approaches to International Law (TWAIL) argues that even today, the platform has been influenced by the power dynamics among countries, reinforcing inequality. Scholars can come together to hold intellectual debates and publish research as an attempt to reach a global consensus for cooperation.
In the “Encyclopaedia of Law and Development”, Prof De Feyter discussed the strategy of law and development to address inequality. The process is not automatic, but conscious in order to be inclusive in nature.

The Dimensions of Development

The definition of development in international law tends to vary from treaties and resolutions to governmental and international organizations. The sources include development as economic growth, basic needs fulfillment, enabling international environment, freedom, human rights, sustainable development, and planetary boundaries.
Under this, there has been a shift from human development to sustainable development. The environment had been looked at as a resource and source of income until recently. It is time to rethink the impact of human activities on the non-human and take into account the intrinsic value of the planet.
Within the United Nations Agenda, sustainable development has three dimensions- economic, social, and environmental. The challenge is to operationalize these aspects.
Sustainable development has become a general principle of law, as claimed by Christina Voigt. This means that if there is a resolution of a treaty or dispute on one of the abovementioned aspects, the other two also need to be incorporated.

International Law and Sustainable Development

The Sustainable Development Goals are global and aspirational. While the motivation may be economic prosperity, legal standards in social and environment need to be formulated by giving them appropriate weights. The resulting solution has to be optimal in as many standards as possible. However, the SDGs are based on the traditional economic growth model, making it difficult to balance multiple parameters together. In the context of capitalism, the enforcement of planetary boundaries has not been fully comprehended in the Agenda.

Definition Revisited

Prof De Feyter opined that formulating a concrete definition of development is not necessary at the global level because the theme of development indicates plurality. Across and within countries, people will hold different ideas and goals for development, which their respective governments will have to organize and operationalize. However, at its core, it should ensure free, active, and meaningful participation within the society, human dignity- at the individual and collective level, and solidarity internationally.
One solution is to move beyond international law and work together through international civil societies and alternative international law.
Thus, there has been a visible shift from development as growth and basic needs fulfillment to include empathy, human dignity, human rights, and environmental sustainability in the scholarly circles. Today, the focus should be to understand that a single definition of development is not necessary and countries are required to formulate and operationalize their respective priorities, with the core international standards in mind.
---
*With IMPRI

Comments

TRENDING

How Hindutva and the Taliban mirror each other in power and ideology

By Bhabani Shankar Nayak*  The recent visit of Taliban-appointed Afghan Foreign Minister Amir Khan Muttaqi to India and the warm reception extended to him by the Modi government have raised questions about India’s foreign policy direction. The decision appears to lend legitimacy to the Taliban regime, which continues to suppress democratic aspirations in Afghanistan. 

Justice for Zubeen Garg: Fans persist as investigations continue in India and Singapore

By Nava Thakuria*  Even a month after the death of Assam’s cultural icon Zubeen Garg in Singapore under mysterious circumstances, thousands of his fans and admirers across eastern India continue their campaign for “ JusticeForZubeenGarg .” A large digital campaign has gained momentum, with over two million social media users from around the world demanding legal action against those allegedly responsible. Although the Assam government has set up a Special Investigation Team (SIT), which has arrested seven people, and a judicial commission headed by Justice Soumitra Saikia of the Gauhati High Court to oversee the probe, public pressure for justice remains strong.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Censor Board of India 'is flagging RSS ideology' in releasing Malayalam film 'Haal'

By Syed Ali Mujtaba*  The Malayalam film "Haal" has come under scrutiny by the Central Board of Film Certification (CBFC), not for vulgarity or violence, but for allegedly failing to align with the ideological framework of the Rashtriya Swayamsevak Sangh (RSS).