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  • Author or Editor: Erik M.G. Denters x
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IMF conditionality has been severely criticised by developing countries, who accuse the Fund of unjustly provoking political turmoil and causing poverty. This refers to the policies that a member country is required to follow in order to be able to use the Fund's resources. Conditionality is legally based on the requirement to adopt `adequate safeguards' for the use of resources as stipulated by the IMF's Articles of Agreement.
This work focuses on legal implications and policy aspects and, more specifically, on the question of how far-reaching the requirement of `adequate safeguards' may be. Furthermore, the author demonstrates that conditionality is also affected by cooperative arrangements with other institutions, such as the World Bank and United Nations. A major conclusion is that there should be improvements in cooperation and in the monitoring of the application of Fund law on conditionality.
Scholars and students who take a deep interest in international economic relations will find this book a unique opportunity to study the legal framework of conditionality. Government officials preparing for negotiations with the Fund will also benefit from reading this work.
The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts.
The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis.
Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'.
Apart from support, doubts about the concept to the right to development may also be found in this volume.
The chapters in this volume are based on the papers that were presented at a seminar in March 1994 organized under the auspices of the newly established ILA Committee on Legal Aspects of Sustainable Development. The seminar focused on the legal principles and international practice of sustainable development and good governance as one of its constitutive elements.
The book is divided into four parts: Evolution of Concepts, Participatory Development, Development Cooperation and Human Rights, and Sensible Economic and Social Policies. They reflect the holistic concept of sustainable development advanced by the International Union for the Conservation of Nature sustainable development. This concept implies that maintaining a quality of life for many generations is socially desirable, economically viable and ecologically sustainable.
The volume highlights the principle of sustainable development as a major topic in international law embodied in the international instruments agreed upon at the UN Conference on Environment and Development in Rio de Janeiro (1992). The introductory chapter discusses the interlinking of development and good governance, including human rights, democracy, and sensible economic and social policies as presented in the 1994 UN Agenda for development.
The management of the economy, society and environment towards sustainability will be one of the most momentous discussions of our times. According to one author sustainable development is incompatible with continuous growth of the economy, while good governance appears to be incompatible with the achievement, within a reasonable time scale, of a non-growth society. Other provocative opinions make this volume a highly challenging source for any scholar interested in the subject.
International Economic Law with a Human Face addresses a vital question in contemporary international economies: the design, structure and content of the legal and institutional framework within an increasingly globalized civil society and market economy. It is based on the belief that liberalized global markets cannot be expected to provide the public goods required to secure the acquis communautaire for human rights worldwide, let alone to extend those rights to peoples hitherto deprived of their benefits.
Scholars from Europe, America, Asia and Australia examine a variety of aspects of relevant state practice in a fresh and stimulating manner. They combine `international social critique' of state practice with ideas for `social engineering', offering critical legal analysis and ideas about policy options for setting standards to induce legal change and development.
International Economic Law with a Human Face is a `user-friendly' book. Twenty-seven chapters are sub-titled and arranged under three main headings: Towards a new human and economic order (chapters 1-8); Trade, environmental protection and resource management (chapters 9-18); and Investment and finance (chapters 19-27). It also contains a detailed Table of Contents and an Index.