The Law of Development Cooperation


Book Description

This comparative study of rules governing development assistance asks how accountability, human rights and sovereignty are preserved while combating poverty.




The Impact of International Law on International Cooperation


Book Description

This 2004 book aims at advancing our understanding of the influences international norms and international institutions have over the incentives of states to cooperate on issues such as environment and trade. Contributors adopt two different approaches in examining this question. One approach focuses on the constitutive elements of the international legal order, including customary international law, soft law and framework conventions, and on the types of incentives states have, such as domestic incentives and reputation. The other approach examines specific issues in the areas of international environment protection and international trade. The combined outcome of these two approaches is an understanding of the forces that pull states toward closer cooperation or prevent them from doing so, and the impact of different types of international norms and diverse institutions on the motivation of states. The insights gained suggest ways for enhancing states' incentives to cooperate through the design of norms and institutions.




Realizing the Right to Development


Book Description

This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.




International Development Cooperation Today


Book Description

Over the past 60 years high-income countries have invested over 4000 billion euros in development aid. With varying degrees of success, these investments in low-income countries contributed to tackling structural problems such as access to water, health care, and education. Today, however, international development cooperation is no longer restricted to helping by giving. Instead, it is rather about opportunities, mutual interests, risk taking, and an inclusive societal approach. With the arrival of major new actors such as China, India, and Brazil, and the manifestation of private companies and foundations like the Bill and Melinda Gates Foundation, development aid is being eclipsed by new forms of international cooperation, increasingly accompanied by investments, trade, and give-and-take exchanges. The agenda for sustainable development, adopted by all United Nations Member States in 2015 and to be realised by 2030, is a case in point of new influential frameworks that usher in a global rather than a traditional North-South perspective. This book reviews 60 years of international development aid and its relevant actors, outlining today’s challenges and opportunities. Richly illustrated with case studies and examples, International Development Cooperation Today maps successes and failures and synthesises visions and discussions from all over the world. By pointing out the radical shift from the traditional North-South perspective to a global paradigm, this book is essential reading for all practitioners, academics, and donors involved in development aid.




International Development Organizations and Fragile States


Book Description

This book addresses a conundrum for the international development community: The law of development cooperation poses major constraints on delivering aid where it is needed most. The existence of a state with an effective government is a basic condition for the transfer of aid, making development cooperation with ‘fragile’ nations particularly challenging. The author explores how international organizations like the World Bank have responded by adopting formal and informal rules to engage specifically with countries with weak or no governments. Von Engelhardt provides a critical analysis of the discourse on fragile states and how it has shaped the policy decision-making of international organizations. By demonstrating how perceptions of fragility can have significant consequences both in practice and in law, the work challenges conventional research that dismisses state fragility as a phenomenon beyond law. It also argues that the legal parameters for effective global policy play a crucial role, and offers a fresh approach to a topic that is central to international security and development.




Integrating Human Rights into Development Cooperation: The Case of the Lomé Convention


Book Description

Human rights, democracy and governance concerns are prominent elements in the development cooperation policy of the European Community. The relations between the European Community (EC) and 71 developing countries in Africa, the Caribbean and Pacific (ACP) have proved to be a laboratory for developing ideas on these matters, for translating them into binding treaty norms, and for applying them in practice. The experiences gained in the ACP-EC relationship carry special value because they are the product of dialogue and joint decision-making between groups of developed and developing states. Therefore, 25 years of ACP-EC cooperation under the Lomé Convention provide a rich learning ground for anybody involved or interested in (the debate on) linking development cooperation to human rights and to human rights related concerns. This book explores the international law aspects of the subject. It first investigates the general international legal basis for linking development cooperation to human rights, democracy and good governance. Both the negative and positive ways of making such a linking (by punitive and supportive measures) are addressed. The book then delves into the evolution of Lomé treaty norms on the subject, and into the concrete human rights practices that took shape under them. It explores the contributions to and influence of both the EC and ACP states on those treaty provisions and practices. A comprehensive overview is provided of the support measures and sanctions resorted to in response to the human rights situation in ACP countries. The book assesses the overall experiences gained and presents a synthesis of factors that proved to be constraints or conducive to the efforts to integrate human rights fully into ACP-EC development cooperation. The insights gained could well inform similar efforts undertaken by others.




EU Development Cooperation


Book Description

The authors of this text assess why EU development policy has become largely ineffective, citing as reasons the liberalization of trade and the growing influence of US and international players such as the World Bank and the International Monetary Fund upon EU policy.




Mainstreaming Climate Change in Development Cooperation


Book Description

Climate change, development and development cooperation are, individually and jointly, three politically sensitive, complex issues, especially in the context of relations between developed and developing countries. This book tackles these issues by combining theoretical, political, and practical perspectives, analysing the dominant paradigms and exploring the meaning of the concept of mainstreaming. At the practical level, it presents the results of case studies focusing on assistance provided by the European Union and key member states and the climate needs articulated by developing countries. At the political level, it highlights the sensitivities between developed and developing countries and examines the mainstreaming debate in various fora. This book is valuable for policymakers, academics, politicians and non-state actors working in the fields of development studies, international law, politics, international relations, economics, climate change, and environmental studies.




Cooperation in the Law of Transboundary Water Resources


Book Description

This book analyses the legal challenges facing international cooperation on water management in the twenty-first century.




China and India’s Development Cooperation in Africa


Book Description

Explaining the determinants of China and India’s development cooperation in Africa cannot be achieved in simple terms. After collecting over 1000 development cooperation projects by China and India in Africa using AidData, this book applies the method of qualitative comparative analysis (QCA) to understand the motives behind their development cooperation. Mthembu posits that neither China nor India were solely motivated by one causal factor, whether strategic, economic or humanitarian interests or the size of their diaspora in Africa. China and India are driven by multiple and conjunctural factors in providing more development cooperation to some countries than others on the African continent. Only when some of these respective causal factors are combined is it evident that both countries disbursed high levels of development cooperation to some African countries.