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

Was Netaji forced to alter face, die in obscurity in USSR in 1975? Was he so meek?

  By Rajiv Shah   This should sound almost hilarious. Not only did Subhas Chandra Bose not die in a plane crash in Taipei, nor was he the mysterious Gumnami Baba who reportedly passed away on 16 September 1985 in Ayodhya, but we are now told that he actually died in 1975—date unknown—“in oblivion” somewhere in the former Soviet Union. Which city? Moscow? No one seems to know.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Love letters in a lifelong war: Babusha Kohli’s resistance in verse

By Ravi Ranjan*  “War does not determine who is right—only who is left.” Bertrand Russell’s words echo hauntingly in our times, and few contemporary Hindi poets embody this truth as profoundly as Babusha Kohli. Emerging from Jabalpur, Madhya Pradesh, Kohli has carved a unique space in literature by weaving together tenderness, protest, and philosophy across poetry, prose, and cinema. Her work is not merely artistic expression—it is resistance, refuge, and a call for peace.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Asbestos contamination in children’s products highlights global oversight gaps

By A Representative   A commentary published by the International Ban Asbestos Secretariat (IBAS) has drawn attention to the challenges governments face in responding effectively to global public-health risks. In an article written by Laurie Kazan-Allen and published on March 5, 2026, the author examines how the discovery of asbestos contamination in children’s play products has raised questions about regulatory oversight and international product safety. The article opens by reflecting on lessons from the COVID-19 pandemic, noting that governments in several countries were slow to respond to early warning signs of the crisis. Referring to the experience of the United Kingdom, the author writes that delays in implementing protective measures contributed to “232,112 recorded deaths and over a million people suffering from long Covid.” The commentary uses this example to illustrate what it describes as the dangers of underestimating emerging threats. Attention then turns...

India’s green energy push faces talent crunch amidst record growth at 16% CAGR

By Jag Jivan*  A new study by a top consulting firm has found that India’s cleantech sector is entering a decisive growth phase, with strong policy backing, record capacity additions and surging investor interest, but facing mounting pressure on talent supply and rising compensation costs .

The kitchen as prison: A feminist elegy for domestic slavery

By Garima Srivastava* Kumar Ambuj stands as one of the most incisive voices in contemporary Hindi poetry. His work, stripped of ornamentation, speaks directly to the lived realities of India’s marginalized—women, the rural poor, and those crushed under invisible forms of violence. His celebrated poem “Women Who Cook” (Khānā Banātī Striyāṃ) is not merely about food preparation; it is a searing indictment of patriarchal domestic structures that reduce women’s existence to endless, unpaid labour.

The price of silence: Why Modi won’t follow Shastri, appeal for sacrifice

By Arundhati Dhuru, Sandeep Pandey*  ​In 1965, as India grappled with war and a crippling food crisis, Prime Minister Lal Bahadur Shastri faced a United States that used wheat shipments under the PL-480 agreement as a lever to dictate Indian foreign policy. Shastri’s response remains legendary: he appealed to the nation to skip one meal a day. Millions of middle-class households complied, choosing temporary hunger over the sacrifice of national dignity. Today, India faces a modern equivalent in the energy sector, yet the leadership’s response stands in stark contrast to that era of self-reliance.

Beyond sattvik: Purity, caste and the politics of the Indian kitchen

By Rajiv Shah   A few week ago, I was forwarded an article that appeared in the British weekly The Economist . Titled “Caste and cuisine: From honeycomb curry to blood fry: India’s ‘untouchable’ cooking”, it took me back to what I had blogged about what was called a “ sattvik food festival”, an annual event organised by former Indian Institute of Management-Ahmedabad professor Anil Gupta.