The Right to Development in International Law rigorously explores the right to development (RTD) from the perspectives of international law as well as the constitutionally guaranteed fundamental rights and the Islamic concept of social justice in Pakistan. The volume draws on a wide range of relevant sources to analyse the legal status of international cooperation in contemporary international law, before exploring the domestic application of the right to development looking at the example of Pakistan, a country that is undergoing radical transformation in terms of its internal governance structures and the challenges it faces for enforcing the rule of law. Of particular importance is the examination of the RTD and Shari‘ah law in Pakistan which adds a new perspective to the RTD debate and enriches the discussion about human rights and Shari‘ah across the world.
Through focusing on Pakistan the book links international perspectives and the international human rights framework with the domestic constitutional apparatus for enforcing the RTD within that jurisdiction. In doing so, Khurshid Iqbal argues that the RTD may be promoted through existing constitutional mechanisms if fundamental rights are widely interpreted by the superior courts, effectively implemented by the lower courts and if Shari‘ah law is progressively interpreted in public interest.
Iqbal’s work will appeal to researchers, professionals and students in the fields of law, human rights, development, international law, South Asian Studies, Islamic law and international development studies.
1. Introduction Part 1: The Concept and Challenges of the Right to Development 2. The History, Politics and the Concept of the Right to Development 3. The Jurisprudence of the Right to Development 4. The Declaration and the Working Groups Part 2: The Right to Development in International Law 4. The Legal Status of the Right to Development in Public International Law Part 3: The Right to Development in Pakistan 6. The Nature and Extent of the Realisation of the Right to Development in Pakistan 7. Re-Conceptualising the RTD in Islamic Law 8. Pakistan’s Poverty Reduction and the Right to Development 9. Conclusion
This series contains thought-provoking and original scholarship on human rights law. The books address civil and political rights as well as social, cultural and economic rights, and explore international, regional and domestic legal orders. The legal status, content, obligations and application of specific rights will be analysed as well as treaties, mechanisms and institutions designed to promote and protect rights.