The Politics Of The Right To Development

The right to development is considered to be one of the most progressive rights concepts since World War II.Benefiting from the day-to-day struggle of developing countries,its legal status as human rights has been affirmed,and subsequently been recognized as a human rights norm and system.Compared with western countries' scholars,Chinese scholars have started to study the right to development relatively late.From the point of view of existing academic achievements,they focus on the clarification of the concept,characteristics,and nature of the right to development,and on how to realize and protect it.What a pity,the political function of the right to development,the political struggle and ideology opposition behind it have not been study hardly and deeply.The right to development has become an international and domestic practice;the proposing of the concept and the adoption of a series of relevant international documents has become practice too,what's more,what also cannot be ignored is the game behind international politics.In what kind of historical context,especially the political and economic context,the right to development has been proposed;the political function,different from other human rights,of the right to development;influence that eh establishment of the right to development has brought to countries and their peoples;different views on human rights that make the views supporting and opposing the right to development;under the new international and domestic context,what kind of opportunities will the development right meet and what challenges will itface;Under the premise that the right to survival and development is the primary human rights of our citizens,which systems and experiences can help us in the implementation of the right to development in legal practice.This article attempts to answer these questions.This paper adopts these research methods: Historical analysis method,using time as a clue,and combing the evolution process of the right to development,that is,analyzing the right to development from a historical point of view;The method of combining theory with practice,this article has both theoretical explanations and practical inspection;Method of value analysis,using value analysis to analyze the value presupposition or value basis behind the different attitudes between developing countries and developed countries towards the right to development,reflecting the deep factors that leading to the two sides on the issue of the right of development;In addition,there is a comparative analysis method,the methods commonly used in jurisprudence,such as literature analysis and empirical analysis,seek to develop a more systematic and in-depth study of the questions that this article is intended to answer.The basic point of this paper is that: the right to development is unavoidably political,and there is also political struggle and ideology confrontation,which is also the endogenous driving force for proposing the right to development,however,the right to development still have values that cannot be ignored as basic human rights:The right to development is the foundation for the realization of all other human rights;It is the right to occupy functional and subjective values in the human rights system and has the unique value of accommodating and deriving a set of specific human rights forms.The collective nature of the right to development has brought new values to the human rights system,human rights are relative to state power,then the right to development belong to the people is,first and foremost,against the power of their own country's government.The collective orientation of the right to development emphasizes the belief that,the purpose of the state is to improve human survival conditions,and that the state itself is not an end in itself.In this sense,whether a country protects the right to development is a criterion for measuring thelegitimacy of the country.From a more pragmatic point of view,on the one hand,the collective nature of the right to development results in the fact that a country can only seek cooperation when it ensures that it has achieved minimum protection of human rights;on the other hand,in the process of pursuing the realization of the right to development,the people of the country did benefit from it.The possible innovations of this paper mainly lie in the systematic analysis of the international politics and economic factors that play a role in the evolution of the right to development.On the basis of this,the author analyzes the political function of it and the value opposition behind the rights to development,also the values the right to development have as a basic human right,the opportunities and challenges faced by the right to development in the new international and domestic environment and the possibility of its realization in the legal system.Specifically,there are six parts in this paper:"Introduction" is the first part,introducing the questions proposed in this paper which to be researched,the existing academic achievements of related issues,and the main research methods and the viewpoints.The second part examines "the right to development in political history." Pursuing the profound international political and economic situation when the right to development was proposed,it was proposed under the extremely uneven in the development of the world economy,while political power of different countries and districts have developed into a pluralistic period.When the western modernization theory fails in the third world,the development theories that focus on the development of the third world,such as dependency theory and global development theory,are successively put forward and put into practice.In this context,the concept of “right to development” has entered the international arena.The third part studies "the right to development in the philosophy of rights".First of all,it analyzes the disagreement between the developed countries and the developing countries on the theory of the right to development.The main difference is whether the right to development is a "tool" or a human right.Is the right to development a personal or collective human right? Then from the perspective of threedifferent but very important human rights perspectives,the author analyzes the legitimacy of the right to development in every perspective.The birth of the right to development is historical,and the concept expressed by the right to development is not only in conformity with the basic values of modern human rights,but also develops in the traditional theory of human rights.The fourth part analyzes "the right to development in political practice." Politicization is currently the most important and most impediment to the realization of the right to development at the international level;at home,the Chinese practice of the right to development has achieved good results.It has provided the international community with human rights programs with Chinese characteristics and also Chinese experience in the practice of the right to development.The new international situation has brought new opportunities and challenges to the practice of the right to development: the eradication of poverty is still the biggest global challenge;Wars and turmoil will have a devastating impact on national development and affect the realization of the right to development;The respected global and regional cooperation has brought new opportunities for the practice of the right to development;China has entered a new era with major changes in contradictions and the like,it is also an opportunity for the realization of the right to development.The realization of the right to development has a long way to go,and it still requires the concerted efforts of the entire world.The fifth part is "the right to development in legal practice." This section firstly,summarizes the legalization process of the right to development in the international level that is from the right be proposed to conferred by the international community;then it examines the protection of the right to development in European,African and Asian regional perspectives;and finally,the legal practice of the right to development in China,The status quo is divided into two levels: the legislation and the judiciary,to find the existing problems and make suggestions for trying to solve the corresponding problems.The "Conclusion" part is also a review part.The right to development is not a closed concept.On the contrary,different eras will inject new nutrition into theconnotation of the right to development so that the right to development will become able to maintain vitality while maintaining openness,and also constantly improvement and development.Even though the right to development has unavoidably political,there is also political struggle and ideology confrontation.However,the right to development still has the values of being a basic human right,which is most important and cannot be ignored.It is worthwhile for the world to work together to promote its implementation in both international and domestic.