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The Roles of International Law in Development


ISBN13: 9780192872906
Published: November 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £140.00



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The Roles of International Law in Development provides an in-depth analysis of the relationship between public international law and development. Unlike the existing body of literature on public international law, this book investigates how international law and development interact, and evaluates how significant a role international law plays in development.

Bringing together a collection of perspectives from contributors working across multiple development fields, the chapters explore the relevance and applicability of international law to particular sectors and issues implicated in development activities. They analyse how international law rules and processes can influence procedural and substantive aspects of development policies as these regulate various forms of financial support, trade, technical assistance, and policy dialogue. They also explore whether, and how, development could be more effective and yield more equitable and sustainable outcomes if the relevant and applicable rules of international law were better understood, consistently incorporated, and appropriately applied in development activities. One of the foundational premises of this book is that development policy and practice should be grounded more systematically in international law, rejecting the notion that development policy is a 'self-contained' regime operating in a legal vacuum. By reflecting the substantive rules of international law, this in turn anchors development in international legal accountability.

Subjects:
Public International Law
Contents:
Foreword, Christopher Stephens
Preface, Siobhán McInerney-Lankford and Robert McCorquodale
Part I: Context
1:Introduction, Robert McCorquodale
2:The Case for International Law Due Diligence in the Development Context, Siobhán McInerney-Lankford
3:The Role of International Law in Development Practice, Arnold Pronto

Part II: The Role of Human Rights Law
4:The Triangle of Human Rights, International Law, and Sustainable Development, Jan Wouters and Michiel Hoornick
5:United Nations Human Rights Treaty Bodies' Approaches, Anganile Mwenifumbo, Harumi Fuentes Furuya, and Marie-Joseph Ayissi
6:The ILO's Dialogical Standards-Based Approach to International Labour Law, Katerina Tsotroudi and Jordi Agustí Panareda
7:Achieving Gender Equality, Sandra Fredman
8:Race and Discrimination, Harum Mukhayer
9:The Right to Water, Laurence Boisson de Chazournes, Mara Tignino, and Haoua Savadogo

Part III: The Role of Environmental, Humanitarian, and Refugee Law
10:Environmental Law and Climate Change - A Perspective from Africa, Bakary Kante
11:Forced Displacement, International Law, and the World Bank, Duygu Çiçek, Paige Casaly, and Vikram Raghavan
12:Problematizing the Role of the World Bank in Latin America Mining Reforms, Ximena Sierra-Camargo

Part IV: The Role of International Economic Law
13:International Investment Law, Ursula Kriebaum
14:International Trade and Foreign Investment, Chin Leng Lim
15:The Adequacy of Financing for the Development Agenda, Thomas McInerney
16:Responsibilities and Public-Private Partnerships in Infrastructure, Humberto Cantú Rivera
17:The Rule of Law in Investment - A Condition For Development?, Farouk El-Hosseny

Part V: Conclusions
18:The Relevance of International Law to Sustainable Development, Siobhán McInerney-Lankford and Robert McCorquodale