국제법상 발전권 개념의 재정립

Reconceptualizing the Right to Development in International Law

The appearance of the right to development conceptually integrated development and human rights. Also more simply standing for the development as a human right, the right to development is significant because it appeared as a right that could claim development through and for humans rights. Also by interpreting right to development as an individual right, the appearance resulted in significant changes to the concepts of human rights that were discussed in the relationship between countries and its individual citizens. As right to development was claimed as a right regarding social and international structures, collective rights concepts surfaced to the forefront. It was acknowledged that the duties of a nation could expand beyond the territory boundaries of a nation for the fulfillment of right to development, and that non-state actors were also included as stakeholders with duties. The appearance also provided an opportunity to transfer from an authority centric human rights system to an obligation centric human rights system. After adopting the Declaration on the Right to Development in 1986, right to development has been consistently mentioned in various international documents for 30 years. This is also one of the core duties that is commissioned to the United Nations High Commissioner for Human Rights. But the international society is still ignorant to the right to development and its execution is still not secured. In the age of globalization, to solve the various problems of inequality that occur around the world, the adoption of the right to development can be said to be a requirement of the period. To secure the effectiveness of the right to development and to execute the right to development, as a prerequisite, the concepts surrounding the right to development must be made clear. To achieve this the reconceptualization of the right to development is attempted. Related to this, first the significance of the economic, social, cultural and political development processes are examined. In regards to the interpretation of the meaning of the development process, interpretations that include all improvements of capabilities of humans in the right to development or interpretations with a narrow scope that attempt to only focus on economics are excluded. Second, the duties of a nation are interpreted as follows. In relation to the fulfillment of right to development, a nation has both domestic and international duties. A nation also has the duty not to have a negative effect and the duty to create a favorable environment for the fulfillment of right to development, and the duty to eliminate any obstacles that hinder right to development. When the duties of a nation are fulfilled at both the domestic and international scope as mentioned above, the protection and development of human rights, from a national goal standard point of view, will have a higher priority than other policy level objectives. As a result, the individual citizen will be able to exercise influence on policy and the distribution of resources, and it appears that equity and justice, which are the core objectives of right to development, can be achieved in this process. Also this can inject the value of human rights into the process of development, and contribute to making it possible to take a human rights oriented stance for all domestic and international public policies of a nation.