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.
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