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Right To Development In European Union

Posted on:2008-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:D L LiFull Text:PDF
GTID:2166360215453709Subject:International Law
Abstract/Summary:PDF Full Text Request
This text makes an attempt on reflecting the growing process in the right to development in European Union (EU) through the research on the development in the right to development. The same time we sum up its experience, we select what we should study. And combining with the actuality which its difficulties and problems appear in the right to development, this text here offers suggestions to solve the problems which appear in the right to development in our country.The right to development is a collective human rights, the constant development and consummation of its theory enrich the contents to the collective human rights, which also provides such theoretical evidences to the development of the collective human rights. It is in fact an objective consequential product from the aggravation of the unequal terms in international inter-subjective relations which has a profound international history and background. From its abstract meaning of the right to development, it is a participation between individual and collectivity, and facilitates their coordination in different time and different space which helps lasting its basic Human rights. Particularly, this right is a basic right which consists of all the individuals and its collectivity, offers qualification to the participations between internationals'and internals', the promotion and the enjoyment of the economy, the politic, the culture and the acquisition of all the benefits from the society. Shortly, the right to development is a right about a development in equal and shared opportunity. During the 25 years, ever since the United Nations Charter enacted in 1945 till the Society Progresses and Development Declaration enacted in 1969, the ideas and the contents of the right to development acquires its general reorganization from time to time in international society. During the 20 years from the end of 1960s to the end of 1970s, the developing countries make great efforts to obtain the right to development, and finally succeed great achievements. In 1979, the 34th United Nations General Assembly over passed the 34th/36th resolution—The Resolution of Right to Development emphasis"Right to development is a Human Right, the equal developing opportunity is a privilege to every country and to its every internal citizen."This concept of"right to development"was the first time over passed as a maximum magnitude international organization through the United Nations General Assembly. So, this resolution stamps the confirmation and reorganization of the right to development from the international society.The EU is an organization from the European Communities and the economic and politic integration of its development. Its establishment was under a special historian background and was for better carrying out the right to development of the seat countries. The legislation and the basis of decision-making of the EU based on the pacts among the Members. These pacts are not only the fundamental pacts but also an exercise of legislative authority to the related establishments of the EU. Ever since the EU was established, these pacts were always being innovated and regenerated which facilitate a lot to the development of the right to development. The pacts are mainly including: Treaty Establishing the European Coal and Steel Community, Treaty Establishing the European Economic Community, Treaty Establishing the European Atomic Energy Community, Treaty on European Union.Inside the EU, the imbalance between the developments of the politic and economy is a very general phenomenon which appears not only in different Members but also in different internal regions along with an extensive historian causes. Recent years, with the EU spread to the east, this increase of the regional gap would be a barrier to restrict the unity of the EU. So, to solve the different further developing problems, to wipe the regional gaps out , and to ensure the coordination of the development in economic society among the Members are now becoming a serious actual problem that the EU has to face it prudently. Therefore, the EU in case to solve and to balance the different problems among the different regions and different countries by constituting a series of community economic policies in such aspects as the internal markets, the collective agriculture and fishery, the union of the economy and monetary, the regional rivalries, the domain, the search, and the technological development, the external commerce, the community financial system, the transportations, the telecommunications, the same time we obtain certain effects through the related co-operation with the social policies, the develop aids policies, the environment policies, and so on. Among these policies, the EU regards positively the regional policies, such as the aids and the insurance of agricultural and conventional industry regions, as a very important content to co-ordinate and to strengthen the EU cohesion through urging the Members'economic convergence and consolidation. Therefore, the EU resolves the main problems of the right to development by using the regional policies which its primary steps consists of 4 following aspects: the Construction Fund, the Consolidation Fund, the Financial Means, the Administrative Steps.The relations of the right to development promote an effect to the developments of the right to development from the EU to the developing countries. As one of the most successful organizations for the regional integration, the EU promotes the realization of the right to development to the developing countries. And through the economic aids and the cooperation with the developing countries, the EU promotes the innovation of its economic and the system, and promotes its course of the democracy which would be very helpful to obtain the right to development to the developing countries. At the beginning of this course, the European Community's developing aids on economy were only given to the ex-colonial countries of the Members, there the Contact Agreements of the Treaty of Rome was the original instrument of developing aids policies. Afterwards, the Contact Agreements transform into the Yaounde Convention, the Lome Cnvention, and the Cotonou Agreement. Among these pacts, the Lome Covention turns into a very important one, because its excessive regard to the right to development in developing countries, reveals the"non-reciprocal principals" in the commerce and cooperation between the developed countries and developing countries. Its appearance shows the relation between the EU and the developing countries promoted into a new stage, and shows the development trends to the coordinate equal opportunity and the shared right to development.Through the developing degrees, the 34 provinces of our country could be divided into 4 following regions, the East, the Centre, the West, the Northeast. It appears many problems in the right to development because the variations of the population, the resource, the geography and so on of the 4 regions. The main problems are: the lagged situation in the West region would not be solved shortly; the ageing situation of the industrial base in the Northeast; the serious situation of the expansion in the East region; the economic positions in the 6 provinces of the Centre may relatively slide; the existence and the possibilities of the conflicts in regional economy we may found from the evolving trends of the relations in regional economy; the increase of the regional gap and the local developing policies and the cut-throat competition are main problems too. Due to the specialty of the various problems and its related incomplete theories and courses about the right to development which appears in the development ever since the policies of the reformation have been practiced lead the incompleteness of statute and policies in the right to development. Recent years, our government made many efforts from the problems we are now facing in the right to development. While the Central Authorities of the government constantly proposing and actualizing the developing strategy to the West, the old industrial base in the Northeast, the rising in the Centre, we just obtain preliminary effects.Through the research and the analyze of the EU development policies, we might see the experiences of this right to development in EU would be a reference to us. Particularly, we may take steps through the following aspects: The first, we may take the reference from the experiences in solving the problems of the right to development among the different Members of the EU which regard the every pact as its legislation elements, to promote the legalization of the right to development in our country step by step; The second, we may take the reference from means to classify the prioritized development in the EU, to scheme the developing focus systematically in our country; The third, we may take the reference from the main steps of the EU territorial policies, to consummate the means of the actualized developing policies in our country; The fourth, we may take the reference from the experiences of the aids in the developments which from the EU to the developing countries, to promote the co-operations between the developed provinces and the undeveloped provinces in our country.In short, the right to development is a new pattern of a common and an unalienable Human Right. While the EU is in a process of regenerating, innovating and constructing, the EU concerns and promotes the development of the right to development, the EU acquires many of the successful experiences. These experiences give us a reference when solving the problems of the right to development. Therefore, we may positively exert the process of ourselves through the international organizations such as Organization for Asia Pacific Ocean Economic cooperation, United Nations General Assembly, and other regional organization to accelerate the rising of our country in the 21st century, to promote the construction of peaceful international relations.
Keywords/Search Tags:Development
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