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

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By Our Representative  A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups.  For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention. 

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Affable but arrogant, embodying contradictions, Raj Kapoor's legacy will endure as long as Bollywood exists

By Harsh Thakor*  December 14 marks the birth centenary of Raj Kapoor, a filmmaker and visionary who revolutionized Bollywood, elevating it to new heights by exploring uncharted emotional and social territories. Kapoor wasn’t just a filmmaker; he was a storyteller who touched the souls of the masses and reflected the pulse of post-partition India with unparalleled depth. His films acted as a unifying force in a divided nation, transcending social and cultural boundaries.

Suspicious death of Dalit laborer in BSF custody: A call for justice

By Kirity Roy*  The tragic and suspicious death of Mr. Babai Barui, a Dalit daily wage laborer from North 24 Parganas, West Bengal, has raised serious concerns regarding custodial violence and the violation of fundamental rights. Mr. Barui, son of Sukharanjan Barui, resided in Pallishree Sangsad, Bongaon, and was arrested by the Border Security Force (BSF) on November 9, 2024, near the Angrail border on allegations of smuggling. The very next day, he was found dead under mysterious circumstances, with visible injuries that point toward possible custodial violence.