Document Type : Article
Phd in General International Law, Faculty of Law and Political Science, Allameh Tabatabaii University, Tehran, Iran
The right to self-determination and the right to development are among the most important of the third generation of human rights. Economic independence within the framework of self-determination can play a significant role in guaranteeing the right to development. Today, the authority of states in identifying the needs and rights of members of their society for including them in national development programs – which is the main goal of the right to development- faces serious challenges. In this context, the involvement of international financial institutions in arranging development programs, as well as the weakening of states’ sovereignty over their natural resources due to the activities of multinational corporations, are notable. Moreover, ensuring the economic independence of states within the framework of the right to self-determination can guarantee states sovereignty in regulating and implementing their development program, and in exploiting natural resources and allocating its benefits; a sovereignty that seems to be able to provide a suitable platform for the realization of the right to development, in the sense of the maximum realization of human rights in the development process.
- A) Books
- Brems, Eva (2001), Human Rights: Universality and Diversity, Hague: Martinus Nijhoff.
- Cassese, Antonio (1995), Self-Determination of Peoples: A Legal Appraisal, Cambridge: Cambridge University press.
- Raic, David (2002), Statehood and the law of self-determination. Developments in international law, Hague: Kluwer law International.
- B) Articles
- Ajibade, L.T. and Awomuti, A.A (2009), “Petroleum Exploitation or Human Exploitation? An Overview of Niger Delta Oil Producing Communities in Nigeria”, African Research Review, Vol. 3, No.1, pp.111-112.
- Archibugi, Daniele (2003), “A Critical Analysis of the Self-determination of Peoples: A Cosmopolitan Perspective Constellations”, Black well publishing Ltd., Vol.10, No. 4, pp.488 - 505.
- Farmer, Alice (2006), Towards a Meaningful Rebirth of Economic Self-determination: Human Rights Realization in Resource-Rich Countries, Journal of International Law and Politics, Vol. 39, pp.417-473.
- Griffiths, Martin (2003), “Self-Determination, International Society and World Order”, Macquarie Law Journal ,Vol. 3, pp.29-49.
- Lumina, Cephas (2013), “Sovereign Debt and Human Rights” in Realizing the Right to Development, Essays in Commemoration of 25 Years of the United Nations Declaration on the Right to Development, New York and Geneva: Office of the United Nations High Commissioner for Human Rights (OHCHR), pp.289-301.
- Moris, Halim (1997), “Self-Detewrmination: An Affirmative Right or Mere Rhetoric?”, ILSA Journal of International &Comprative Law, Vol.4, Issue.1, pp.201-220.
- Noorbakhsh, Farhad & Paloni, Alberto (1999), “The State of Industry in Sub-Saharan African CountriesUndertaking Structural Adjustment Programmes”, the Journal of Developing Areas, Vol. 33, No. 4, pp.549-580.
- Oluduro, Olubay (2012), “Oil Exploitation and Human Rights Violations in Nigeria’s Oil Producing Communities”, Afrika Focus , Vol. 25, No. 2, pp.160-166.
- Sengupta, Arjun (2013), “Conceptualizing the Right to Development for the Twenty-first Century”, in Realizing the Right to Development: Essays in Commemoration of 25 Years of the United Nations Declaration on the Right to Development, New York and Geneva: Office of the United Nations High Commissioner for Human Rights (OHCHR), pp.67-87.
- Van Der Vyver, Johan (2000), “Self-Determination of the Peoples of Quebec under International Law”, Journal of Transnational Law and Policy, Vol. 10, pp.1-38.
- Villaroman, Noel G. (2009). “The Loss of Sovereignty: How International Debt Relief Mechanisms Undermine Economic Self-Determination”, Journal of Politics and Law, Vol. 2, No. 4, pp.3-16.
- C) Reports
- Dembri, Mohammad-Salah (2001), The Right to Development, Report of the Open-Ended Working Group on the Right to Development, Commission on Human Rights Fifty-Seventh Session, E/CN.4/2001/26
- Sengupta, Arjun (1999), first report of the Independent Expert on the Right to Development, Study on the Current State of Progress in the Implementation of the Right to Development Submitted by Mr. Arjun K. Sengupta, Independent Expert, Pursuant to Commission Resolution 1998/72 and General Assembly Resolution 53/155. E/CN.4/1999/WG.18/2, Commission on Human Rights, Geneva
- Sengupta, Arjun (2000), Second Report of the Independent Expert on the Right to Development to General Assembly, A/55/306, United Nation General Assembly, New York
- Sengupta, Arjun (2001), Third Report of the Independent Expert on the Right to Development, Mr. Arjun Sengupta, Submitted in Accordance with Commission Resolution 2000/5, Commission on Human Rights Fifty-seventh Session, E/CN.4/2001/WG.18/2, Geneva
- Sengupta, Arjun (2004), Implementing the Right to Development in the Current Global Context, Review of Progress and Obstacles in the Promotion, Implementation, Operationalization, and Enjoyment of the Right to Development, Consideration of the Sixth Report of the Independent Expert on the Right to Development, E/CN.4/2004/WG.18/2, Commission on Human Rights, Geneva
- D) Documents
- A/Res/1514 (XV), 14 December 1960
- A/Res/2625(XXV), Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, Annex,24 October 1970
- A/RES/41/3, 10 November 1986
- A/RES/41/128, Declaration on the Right to Development, 4 December 1986
- Charter of the United Nations, 26 June 1945
- The International Covenant on Civil and Political Rights, 16 December 1966
- the International Covenant on Economic, Social and Cultural Rights, 16 December 1966
- E) Judgments
- ICJ, Case Concerning East Timor, Portugal v. Australia, Judgment of 30 June 1995
- F) Websites
Refrences In Persian:
- A) Books
- Shaygan, Farideh (2009), Right to Development, Tehran: Gerayesh (In Persian).
- Ziaei Bigdeli, Mohammad Reza (2006), the Public International Law, 24nd, Tehran: Ganjehdanesh (In Persian).
- B) Articles
- Akhavan Kharrazian, Mahnaz (2007), “Development of the Principle of the Right of Self-Determination within the UN context,” International Law Review, Vol.24, No.36, pp.95-142 (In Persian).
- Kharazi, Fardin (2008), “the Right to Develop the Bedrock of the Realization of Human Rights”, Journal of Human Rights, Vol.4, pp.9-73 (In Persian).
- Molaii, Yousef (2011), “Right to Development: From Political to Legal Claim,” Politices Quaterly, Vol.40, No.4, pp.315-334 (In Persian).
- Sen, Amartya (2007), “Concept of Development”, Translated by Shake Sargsyan and Ali Goudarzi, Rahborde Yas, No.12, pp.157-184 (In Persian).
- Sengupta, Arjun (2004), “On the Theory and Practice of the Right to Development”, Translated by Manoochehr Tavassoli Jahromi, International Law Review, Vol.21, Issue.30, pp.179-250 (In Persian).
- Solhchi Mohammad, Ali & Dargahi, Ramin (2014), “The Nature of Solidarity Rights: Collective Rights or Peoples' Right,” Public Law Research, Vol. 15, No.41, pp.143-168 (In Persian).