ABSTRACT

Human rights law is a unique area of international law, in that its formation and development has been based on moral persuasiveness1 much more than any other area of international law.2 Human rights instruments mark a watershed in the development of public international law and have expanded its province.3 They have revolutionised the notion of legal personality and transformed the way in which international organisations and institutions deal with persons who populate States.4 The right to development (RTD) is a fundamental human right, which is as yet non-binding and non-justiciable. The content of the RTD is contested and most developed countries are not in favour of an open-ended notion of the RTD.