Monday 27 November 2017

The role of International law in promoting development



The promotion of development has been one of the main concerns of the international community for the past sixty years.  International Law was developed over time in order to encourage nation states to behave in a manner acceptable to others, based on mutual cooperation and independence. This would in turn be a basis as well as a catalyst for development of all forms, whether political, social, economic or environmental.  (Fox, 1992).

Burroughs (2005), defines international law as a set of rules and principles governing the conduct of states in their relations among themselves.  In addition, since World War II and the emergence of human rights law, international law attempts to guide how states treat their citizens and recognizes the rights of individuals.  In addition it is guided by a combination of treaties, conventions and customs which governs relations and lays down generally accepted norms of behaviour for the entire world community. International law promotes active cooperation among nation states. Dozens of international human rights treaties and conventions also set forth political, civil, social, economic and cultural rights to be respected within national legal systems. In relation to external behaviour such as the use of force, the peaceful resolution of disputes, conciliation, arbitration, negotiation, mediation and judicial settlement, all nations must abide by standards laid down in the United Nations Charter and other international instruments. 

To a great extent international law and development are not completely divorced entities, they are interlinked as principles of international law go hand in hand with development on a social, political, environmental and economic level.  Politically, international law promotes peace and security, human rights and democracy amongst others.  International Law has fostered peace and security amongst states as guided by various treaties and conventions.  The United Nations Security Council is a guardian of international peace and security and has provided rule of law assistance to more than 150 member states.  It has established peace keeping and support missions in countries at war, such as in the Democratic Republic of Congo, Syria and Afghanistan.  While not much development has been recorded in these cases, the cessation of hostilities itself is a step in the right direction for development to take place. The complete absence of international assistance in these cases would cause a complete reversal of the current situation whereby there is still upstanding infrastructure and education and health systems. It may therefore be argued that the facets of international law that enable bilateral and multilateral mediation and conciliation systems in conflict ridden states have a direct impact on sustainable development.
Terrorism has been over the years a major threat to peace and security the world over.  According to Wiess(1998), terrorism has become a pressing international security problem and has its presence across the globe.  Today it stands as a serious challenge before civil society.  Terrorism has its presence everywhere ranging from Indonesia, Malasyia, Sudan, Egypt and Nigeria and America. Terrorist attacks destroy lives, infrastructure and reverse all developmental efforts.In Nigeria, the Boko Haram has slowed down that country’s economy.  In the north eastern parts of the country, where this terrorist group operates, education services have virtually ground to a halt as schools are constantly attacked and children abducted, particularly girls. Literacy rates are bound to fall significantly even for the whole country. Development will therefore be declining until such time as the principle of law that accords access to education for the citizens is observed.
However, on a global scale, international law, through the principle of Jus Cogens has helped withthe fight against international terrorism.  The bombings by Nato in Afghanistan to control Al Qaeda and the hunt and eventually capture of Osama bin Laden has to some extent brought the threat of terror attacks to a minimal. The combined fight against groups such as ISIL by USA, Jordan, France and their allies will also hopefully be successful, in order for developmental programs and efforts to resume in Iraq and Syria.
Human rights is another principle of international law that has resulted in the creation of many conventions, it is in itself an indicator of development.  The international human rights law is the body of international designed to promote and protect human rights at international, regional and domestic levels.  It is made up of treaties, agreements between states.  States have ratified human rights treaties, committed themselves to respecting those rights and ensuring that their domestic law is compatible with international legislation.  Key focus of human rights is the humanitarian intervention.  Through the principle of Jus ad Bellum, for example Nato’s bombing of Libya was justified as that country was abusing human rights by killing and torturing civilians.  In Somalia, Operation Restore Order between 1992 and 1994 by the United States led military offered humanitarian relief to poverty stricken and war ridden country.  The rights of women and children are a fundamental developmental principle as observing these rights lead to development, shown by lower mortality and higher literacy rates.  For example women empowerment and protection from exploitation and abuse as prescribed by CEDAW convention, is what is to be achieved.  The United Nations Charter on Children’s Rights and the African Union’s Charter on the rights of the children are major conventions guiding states on the upholding of children’s rights globally and regionally respectively, (The World’s Women,2010).
Democracy as a principle of international law ensures that conventions such as the ones by SADC, African Union and European Union amongst others create a guide that promotes democracy and therefore development amongst states.  For example SADC has its own guidelines on elections in its member countries, this has resulted in members states holding their elections as prescribed by the body.  For example SADC has the power to not endorse flawed election results.  Schott(2005) notes that the United Nations Electoral Elections Assistance Division provides various forms of electoral assistance to over 70 states most of them in Africa.  Many of these organisations determine whether the elections were conducted according to the criterion of fairness.  Democratic states have also attracted foreign direct investments, for example South Africa is enjoying an economic growth as a result of foreign direct investment in that country further resulting in employment creation and improvement in service delivery systems. 
However politically, international law may lead to underdevelopment as powerful states at times seem not to conform to the predicates of the law.  For example it provides a basis for conflict as shown by the military invasion of Libya by the United States led Nato. Libya was a self-sufficient prosperous state until 2011 Nato bombing as the country was alleged to be violating human rights by attacking its own civilians.  However it is understood that the US was in actual fact protecting its oil resources in Libya.  To this day the country is still in conflict zone and infrastructure has been destroyed, people are killed every day and poverty levels are very high.  The education and health systems have since collapsed as a result.  Instead of bringing peace the intervention by the US has brought underdevelopment to a country that was enjoying development in its own way.
International law has also been seen as neo-colonialism especially with regards to countries in Africa.  Trade imbalance and political meddling by western powers in Africa is a major problem.  For example across the African continent, Chinese demand for iron ore, copper, chrome and timber has led to trade agreements in which Chinese government owned companies are granted rights to exploit natural resources in Africa.  Chinese approach is a new form of colonialism and their interests are motivated solely for its benefit.  This trend, not by China alone but Europe and America have further crippled economies in Africa and caused underdevelopment.  Aid with conditions by the Bretton Woods Institutions has resulted in the underdevelopment of most implementing states, for example Zimbabwe and Zambia. 
On a social level international law has resulted in the promotion of health, education, women and children’s rights, free passage of aid, protection of refugees all of which result in development.  Education is spearheaded by Unicef as it focuses on improving learning and teaching materials, support teacher training and motivate teachers and encourage the adoption of the Child Friendly School Model, as noted by (Global Campaign for Education,2012). For instance in Zimbabwe it has contributed over 23 million textbooks to primary and secondary schools.  It has also built classroom blocks in remotes areas.  Health is fundamental in promoting development.  The World Health Organisation protects children and women on health matters.  For example it advocates for the rights of women not to participate in issues such as female genital mutilation and other harmful practices.  UNHCR recognises the rights of refugees by providing them with the basic necessities, ensuring their safety as well as that humanitarian aid reaches them and not tampered with by rebels or the military.
However, international law can also advocate practices that go against local cultures and traditions. The case of Uganda and their stand on not allowing homosexuality caused the imposition of economic sanctions by the Scandinavian countries.  Imposing these sanctions meant that Uganda was not at liberty to make its laws as a sovereign country, this has an impact on development as these sanctions affect the ordinary people.  Much needed financial aid for the support of hospitals and schools was suspended and negatively impacted on development.
International law has over the years supported conventions and treaties encouraging states to freely trade with each other thereby economically enhancing development in third world countries.  There has been growth of gross domestic product in the less developed world as a result of trade agreements.  Loans from multi-lateral financial institutions, like the Bretton woods Institutions, the IMF and the World Bank are the main lenders of international finance.  All countries in Southern Africa have been recipients of loans from the IMF and the World Bank. Major Infrastructural projects such as the Kariba and the main highways were built with such funds. Bilateral agreements between states have also assisted economic growth, for example Lesotho built their highland dam and power station with the assistance of South Africa. Zimbabwe and China have had various trade agreements in the mining and construction sectors.  Russia and Zimbabwe have signed off agreements to mine platinum on the Great Dyke.  Employment has been created in this sector as a result and the activity will increase the country’s GDP. 
There has however been under development in the developing countries as a result of unfair trade practices and unfair investment practices overseen by the World Trade Organisation.  The WTO sets trading conditions for all states.  The organisation pays insufficient attention to the needs of developing countries and favours more developed countries.  This is despite its non-discrimination principle of serving both the rich and the poor countries.  Juma(1999) stated that the benefits of increased trade are not widely shared, the developing states represent 20% of the world’s population and they generate 0.03% of trade flows.  Besides the principle of reciprocity that is one country negotiates concessions in area, however these negotiations take place among developed countries.

According to DiMento(2003), international law has become the key arena for protecting the global environment. Since the 1970s, literally hundreds of International treaties, protocols, conventions and rules have been enacted to deal with such problems as global warming, loss of biodiversity and toxic pollution. Proponents of the legal approach to environmental protection have already achieved significant successes in such areas as saving endangered species, reducing pollution and cleaning up whole regions, but skeptics point to ongoing environmental degradation to argue that international law is an ineffective tool for protecting the global environment.
The 1985 report of the World Commission on Environment and Development (WCED) popularly known as the Brundtland Commission popularised the phrase ‘sustainable development, embodying both states’ right to economic development and their obligation to pay particular attention to any degradation of the environment resulting from development activities.The Commission defined the term ‘sustainable development as‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs. In the opinion of the Commission, economic development that undermined the environment or led to the excessive exploitation of natural resources to the detriment of future generations was not sustainable development, ( Taylor,1998).

However, Pearson (2000) argues that environmental laws are only just words unless they are implemented effectively yet non implementation and non-compliance are so common that they must be viewed as the norm rather than exception in the majority of nations.  Developed nations might need to ratify the Kyoto Protocol and control gas emissions that continue to affect developing nations.  Laws on countries like China who still regard themselves as developing nations need to be looked into and the USA being the biggest emitter of greenhouse gases needs to lower its emission rates.
With regards to international environmental law, it can be demonstrated that on a local geographical level where the principles have been observed, development is real and can be sustained. This can be seen in re-afforestation projects, mine dump reclamation and reduction, recycling and reuse of industrial waste. This is common the world over, where the communities are investing in “going green”.
However, on a global scale, the refusal to reduce greenhouse gas emissions by large industrial players has resulted in a worsening global warming scenario. The results of climate change at this level have always had a more devastating effect on the poorer nations because they lack both the warning systems and the means to manage the disasters when they happen. Flooding, droughts and famine are commonplace in poor African and Asian nations.  Homelessness, lack of food security and medical facilities have degraded per capita incomes, life expectancy and heightened mortality rates in the less developed world, all this because the environmental principles have not been observed. The observance of the law would have seen a much improved development situation, in the affected communities.

Another element of environmental criticism is the issue of carbon trading as contained in the Kyoto Protocol.  New York Times (2012) reported that the REDD projects have received criticism in some parts of Africa.  For example there have been allegations that Redd+ carbon credits, agro-fuels and export crops are driving massive land grabs in implementing countries.  Experts have warned that three quarters of Africa’s population and two thirds of its land is at risk and that Redd may create a generation of landless people.  Redd is emerging as a new form of colonialism, economic subjugation improvement and a driver for land grabs.  For example carbon trading companies have applied for rights over one third of Mozambique to sell Redd credits.  More than 40% of Cameron’s forests, almost 20% of the country may be slated for Redd type projects and 20% of Liberia’s forest were almost grabbed for a billion dollar carbon scam.  In Uganda 22000 people were evicted in Kigadu district to make way for a UK based New Forests company to plant trees to earn credits and ultimately sell the timber. 

It can be concluded from the foregoing that international law and development are interlinked. Despite the setbacks mentioned, international law still remains a critical factor in development and particularly sustainable development of the communities of the world. If there was no existence of such treaties and conventions the world would be ungovernable and be in a consistent state of dispute and war, and there would certainly be no development to talk about.





             REFERENCES

Baker, R. (2005) Capitalism’s Achilles Heel. New York: John Wiley and Sons.

Boer, G. (2008), Greenhouse gas induced climate change, second generation general
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Burroughs, J. ( 2005) International Law and Peace; A Peace Lesson; A web-based part of
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DiMento, J.(2003) The Global Environment and International Law.Journal of International
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Fox, H. (1992) International economic law and developing states;an introduction, BIICL,
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Global Campaign for Education; Gender Discrimination in Education: The violation of rights
of women and girls, (2012) pp6-10

ICESCR (1999) International Covenant on Economic, Social and Cultural Rights,1966
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Juma, C. (1999) Intellectual Property Rights and Globalization: Implications for
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Pearson, C. (2005)Economics and the global environment(Cambridge University
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Schott,J. (2005)NAFTA Revisited: Achievements and Challenges; p23.

Taylor, P (1998)An ecological approach to international law: Responding to
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The World’s Women (2010): Trends and statistics, www.endvawn.org/en/articles

Wiess, F. (1998) International economic law with a human face, Kluwer Law International,
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