Implementing the Right to

Development in the
aftermath of the global
financial crisis:
Challenges and Prospects

Xigen Wang
Professor of Law
Wuhan University School of Law
Wuhan
PRC
 The global financial crisis of 2008

the fluctuation intensification of the debt crisis

of exchange
rates rising poverty rates
higher unemployment
the reduction of
overseas reduced economic growth
investments and increased social inequality
trade

Restrict the realization of the right to development (RTD).

In order to implement RTD, the following measures should
be taken immediately.
Part 1: Reconstructing
the idea of the RTD

traditional models of justice

a new concept of justice
1. Definition:
“development - oriented justice”
“people-centred development with justice”
•• Development-oriented
Development-oriented Justice
Justice is
is to
to ensure
ensure that
that
every
every human
human person
person andand all
all peoples
peoples areare entitled
entitled
to
to participate
participate in,
in, contribute
contribute to,
to, and
and enjoy
enjoy
economic,
economic, social,
social, cultural
cultural and
and political
political
development.
development. ItIt is
is aa notion
notion of
of global
global ,, substantial,
substantial,
fair,
fair, harmonized
harmonized andand people-oriented
people-oriented justice.
justice.
 2. Features:
Globalization
Comparability

Gregariousness

Features

Comprehensiveness
Inclusiveness
3. Reshaping:

• explain RTD under the

framework of people-
centred development with
justice from the following
five perspectives:
（ 1 ） Subjects :
Financial
Financial crisis
crisis money-oriented
money-oriented development
development
RTD
RTD people-centred
people-centred development
development
“People” could be offered five characteristics and
called :
natural social
person person

economic ecological
person person
political

person
• The human person is the central subject
of the development process and that
development policy should therefore
make the human being the main
participant and beneficiary of
development

------
------ Declaration
Declaration on
on the
the Right
Right to
to Development
Development 1986
1986
（ 2 ） Objects:
The
The objects
objects of
of RTD
RTD are
are encompassed
encompassed by
by five
five
elements:
elements:
human dignity
culture
diversity
common
Objects
good

greatest equal
development liberties
opportunity
（ 3 ） Contents :
Financial economic
crisis growth development

RTD inclusive development

A. economic B. social culture

justice welfare development
integrate integrate

political economic and

justice political
justice
（ 4 ） Time :
• It is imperative to take the sustainable
Development as a right

• The RTD can be named as the Right to

Sustainable Development.

• Financial crisis derogated RTD: lead to

an unsustainable development
• Example :
higher carbon
Crisis
emission

carbon
emission RTD ?
• Supporter ： carbon emission is a kind of
RTD
• Opponent ： emision is an obligation not
right Balance
 
•It is necessary to release the tension between
carbon emissions and the RTD.

•As far as the developing country is concerned, the

right to emissions is the right to development.

•Opponent of this idea argues that emission is

purely an obligation not a right. So our pressing
need is encouraging each side to find consensus
and resolution in defining the carbon emission.
（ 5 ） Space :
• A new right
------the right to regional development
should be recognized as
a subsidiary right of the RTD

• “The world is not flat”

------- WORLD DEVELOPMENT REPORT 2009:
Reshaping Economic Geography.
Part 2. ： Exploring
crisis early warning and
emergency response
system
1. Evaluation Mechanisms:

A minimum standard of RTD

RTD criteria
A general UN and
concept of Declaration operational
RTD (UN sub-criteria
Resolution 1986) (A/HRC/15/W
1979) G.2/TF/2/Add.2
)
 The Urgent task is to design a minimum standard
of RTD based on the Criteria and Operational
Sub-criteria on RTD (A/HRC/15/WG.2/TF/2/Add.2)

basic primary
food water medicines education

The bottom line standard could be more

recognized and practicable than the maximum one
If the lowest demand concerning human survival,
such as food, water, basic medicines, primary
education, cannot be satisfied, an early warning
mechanism will work
2. Early Warning Mechanism

Executing Treatment
agency plan

Evaluation Outcome
method feedback
Information
analysis
3. Emergency Response
Mechanism

• It recommends that to establish:

– “The Overall Emergency Response
Plan for a Minimum of RTD” and
– Sub - mechanisms under the
overall mechanism
A
• “Emergency Response Mechanism for
food shortage”

B
• “Emergency Response Mechanism for
Drinking Water Crisis”

C
• “Emergency Response Mechanism for
Lacking of Basic Medicine”
4. Intervention Mechanism
aa pure
pure autonomy
autonomy
policy
of private
of private law
law policy
balance
balance
public law
public law compulsion
compulsion mechanism
mechanism

• More challenge, more intervention

mechanisms are needed, especially for the
non-reciprocal protection to the vulnerable
groups.
Part 3 :
Mainstreaming RTD:

------Constructing a strategic
system of the implementation
of RTD
 subprime
mortgage
Text
in crisis
here
classical
financial financial
bubbles
liberalism crisis
excessive
consumption

generation I generation II generation III

freedom equality RTD

1. Ground:
(1) Mainstreaming RTD has its
normative ground in:

Charter of the United Nations

Universal
Universal Declaration
Declaration of
of Human
Human Rights
Rights

Declaration
Declaration on
on the
the Right
Right to
to Development
Development
• Confirming that the right to
development is an inalienable human
right and that equality of opportunity
for development is a prerogative both
of nations and of individuals who make
up nations.

—— Declaration on the RTD

(2) value consensus:
universal fraternity theory in
the classical natural law theory
social solidarism
global justice theory
value
consensus post-modernism
the three generations of human
rights theory
Latin American dependency theory

China's Confucian doctrines (benevolent

love and people-centred principle)
2. Methodology :
how to mainstream RTD

• Steps should be taken to ensure the full exercise

and progressive enhancement of the right to
development, including the formulation, adoption
and implementation of policy, legislative and other
measures at the national and international levels-

—— UN Declaration on the Right

to Development Article 10
There are three different ways:

A Soft law
B Hard law
C No law
3. Targets :
• Three standards of mainstreaming
human right:

the recognition from mainstream

A society
a set of complete system of rights
B and obligations

the implementation under the institutional

C framework(e.g. Law & policy)
• Thus, the targets of mainstreaming
RTD:

Theoretically Practically Technically

Obtain the have a legally
same status as supported
and binding
civil and mechanism of
political protected by
rights, developed remedy
economic, subjects (similar to the
social and ICCPR &
cultural rights ICESCR)
• 4. obligation:
• The RTD cannot be fully implemented into
practice because of its ambiguous subjects,
forms and procedures of accountability. I
try to divide the obligation genealogy of
RTD into two types: endogenous
obligation and instrumental obligation.
Instrumental obligation is derived from
endogenous obligation.
 Obligation Genealogy of RTD
Extension values Mode Consid- Rules
eration
Moral Humanities Abstract
Endog No No
obligation or interests
enous Institutiona Corrective Integrity
Yes Constit Public
obliga- l obligation justice utive law
tions
Merciful Introspection Charity No
Instru- No
obligation
mental Exchange
Contract Autonomy Yes Regul Private
obligat obligation ative law
-ions
Interventio Heteronomy Mandat- Public &
ory
Yes
n obligation social law
5. Steps:
• pilot and implement of criteria and sub​​-
Step1 criteria on RTD
• establish the legal correlation between civil and
Step2 political rights, economic, social and cultural rights
and RTD; Link to treaty & trade law
• draft “Operational Guidelines for Implementing the

Step3 Declaration on the Right to Development”( subjects, objects,

content and approaches of its implementation)

• improve and integrate existed mechanisms on the

Step4 international, regional and national level

• lead to a Convention on the Right to

Step5 Development
Thanks!