Title of Project :
The Right to Development in International Law: the Case of Pakistan Judiciary
Project Description : This study focuses on the implementation of the Right to Development (RTD), a notable third generation human right, which is a relatively new phenomenon in international human rights law and development discourse.
Since the end of the World War II, the industrialised countries of the west supported civil and political rights (also called first generation human rights), while the former Communist bloc favoured economic, social and cultural rights (also called second generation). A considerable number of developing countries also supported third generation human rights, most particularly, the RTD, which emerged in the background of the developing countries’ demand for a New International Economic Order (NIEO). Another argument for the split in the two sets (or generations) of rights was the linkage between economic development (in terms of GNP) human rights. This split had a deep impact on the RTD, “as unifying in itself” the first and second generation human rights. This impact was reflected by the emphasis on human development as an important building block of economic development.
In 1986, the UN General Assembly adopted a Declaration on the Right to Development. The RTD got a reinforced recognition in this era of globalization because of a growing call for integrating human rights with development, rather than concentrating on economic growth only.
This study traces the genesis and recognition of the RTD in international law and also addresses the issue of the implementation of the RTD at the international as well as national levels. The study also uses Pakistan as a case study regarding implementation of the RTD at the national level, with a focus on the role of the judiciary. In this connection, it seeks to focus on judicial implementation, particularly Public Interest Litigation and Pakistan’s current judicial reform: Access to Justice (AJP), funded by Asian Development Bank (ADB), as tools of implementation of the RTD.
The study is divided as under.
Part I: The RTD in International Law
This part firstly looks at the RTD as a human right, its background, historical overview, conceptual basis, meaning of development and realization. Secondly, it discusses the legal status of the RTD in public international law by focusing on the legal value of the UN General Assembly resolution in customary international law. Thirdly, it specifically analyses the phenomenon of Special and Differential (S & D) treatment being provided to developing countries in the area of international economic law according to the WTO constitution, as a dimension of the RTD.
Part II: The RTD at the National Law: Pakistan as a Case Study
This part discusses implementation of the RTD in Pakistan by Superior Judiciary through the novel way of Public Interest Litigation (PIL), widely stretching human rights (called fundamental rights guaranteed in the 1973 constitution of Pakistan coupled with the preamble, Objectives Resolution and Principles of Policy) to social justice issues visualised by the RTD agenda, notably, the rights-based approach to development. The AJP reform in the District Judiciary is also examined as an important part of good governance, which is Pillar Two of Pakistan’s Poverty Reduction Strategy Paper (PRSP), which shares similarities with the RTD agenda. The study uses the AJP reform activities in the North West Frontier Province (NWFP) of Pakistan, where, according to the ADB sources, the reform has shown some visible success at this initial stage of implementation.
Other Information :
Qualification:
I have got LLB with distinction and MA in Political Science from the University of Peshawar, NWFP, Pakistan in 1990 and 1995/96 respectively.
I have also obtained LLM in International Business Law in 2002 from the University of Hull, UK as a British Chevening Scholar for 2001/02; and studied International Law of Trade and Development as a module, relevant to my present research project. My dissertation was on WTO and Human Rights.
I am working as Additional District & Sessions Judge in the NWFP Provincial Judiciary and have worked as a member of the Team working on the AJP Judicial Reform project at the Peshawar High Court, Peshawar, and prepared the Annual Report, 2003 of the Peshawar High Court, Peshawar. I was also the founding editor of the Peshawar High Court Quarterly Newsletter during 2004.
During my PhD studies, I have presented my paper in a Conference on International Terrorism and human rights, arranged by the Faculty of Law, the University of Peshawar, the British Council, Peshawar, and the Law School, the University of Ulster, held on 18 th December, 2004. My paper was: “The War on Terror and Rights-based approach to Development”, which was published in the Journal of Islamic States Practices in International Law (JISPIL vol1, Issue 1 (2005), pp23-36
If you would like to learn more about how we can help further your studies and career opportunities, please contact us.
Project Description :
This study focuses on the implementation of the Right to Development (RTD), a notable third generation human right, which is a relatively new phenomenon in international human rights law and development discourse.
Since the end of the World War II, the industrialised countries of the west supported civil and political rights (also called first generation human rights), while the former Communist bloc favoured economic, social and cultural rights (also called second generation). A considerable number of developing countries also supported third generation human rights, most particularly, the RTD, which emerged in the background of the developing countries’ demand for a New International Economic Order (NIEO). Another argument for the split in the two sets (or generations) of rights was the linkage between economic development (in terms of GNP) human rights. This split had a deep impact on the RTD, “as unifying in itself” the first and second generation human rights. This impact was reflected by the emphasis on human development as an important building block of economic development.
In 1986, the UN General Assembly adopted a Declaration on the Right to Development. The RTD got a reinforced recognition in this era of globalization because of a growing call for integrating human rights with development, rather than concentrating on economic growth only.
This study traces the genesis and recognition of the RTD in international law and also addresses the issue of the implementation of the RTD at the international as well as national levels. The study also uses Pakistan as a case study regarding implementation of the RTD at the national level, with a focus on the role of the judiciary. In this connection, it seeks to focus on judicial implementation, particularly Public Interest Litigation and Pakistan’s current judicial reform: Access to Justice (AJP), funded by Asian Development Bank (ADB), as tools of implementation of the RTD.
The study is divided as under.
Part I: The RTD in International Law
This part firstly looks at the RTD as a human right, its background, historical overview, conceptual basis, meaning of development and realization. Secondly, it discusses the legal status of the RTD in public international law by focusing on the legal value of the UN General Assembly resolution in customary international law. Thirdly, it specifically analyses the phenomenon of Special and Differential (S & D) treatment being provided to developing countries in the area of international economic law according to the WTO constitution, as a dimension of the RTD.
Part II: The RTD at the National Law: Pakistan as a Case Study
This part discusses implementation of the RTD in Pakistan by Superior Judiciary through the novel way of Public Interest Litigation (PIL), widely stretching human rights (called fundamental rights guaranteed in the 1973 constitution of Pakistan coupled with the preamble, Objectives Resolution and Principles of Policy) to social justice issues visualised by the RTD agenda, notably, the rights-based approach to development. The AJP reform in the District Judiciary is also examined as an important part of good governance, which is Pillar Two of Pakistan’s Poverty Reduction Strategy Paper (PRSP), which shares similarities with the RTD agenda. The study uses the AJP reform activities in the North West Frontier Province (NWFP) of Pakistan, where, according to the ADB sources, the reform has shown some visible success at this initial stage of implementation.
Other Information :
Qualification:
I have got LLB with distinction and MA in Political Science from the University of Peshawar, NWFP, Pakistan in 1990 and 1995/96 respectively.
I have also obtained LLM in International Business Law in 2002 from the University of Hull, UK as a British Chevening Scholar for 2001/02; and studied International Law of Trade and Development as a module, relevant to my present research project. My dissertation was on WTO and Human Rights.
I am working as Additional District & Sessions Judge in the NWFP Provincial Judiciary and have worked as a member of the Team working on the AJP Judicial Reform project at the Peshawar High Court, Peshawar, and prepared the Annual Report, 2003 of the Peshawar High Court, Peshawar. I was also the founding editor of the Peshawar High Court Quarterly Newsletter during 2004.
During my PhD studies, I have presented my paper in a Conference on International Terrorism and human rights, arranged by the Faculty of Law, the University of Peshawar, the British Council, Peshawar, and the Law School, the University of Ulster, held on 18 th December, 2004. My paper was: “The War on Terror and Rights-based approach to Development”, which was published in the Journal of Islamic States Practices in International Law (JISPIL vol1, Issue 1 (2005), pp23-36
If you would like to learn more about how we can help further your studies and career opportunities, please contact us.