ABSTRACT

Part I mainly analysed the conceptual basis of the RTD and the political and jurisprudential controversies surrounding it. The results of the analysis are: firstly, conceptually underpinned by the capability approach, the RTD is a holistic concept of development and human rights. Secondly, the collective dimension of the RTD as well as the justiciability of both collective and individual RTD remain as unresolved issues. Thirdly, as an individual right, the RTD is less problematic. While the goal-rights system may resolve the issue of justiciability, particularly at the national level, the promotion of the RTD at the international level largely hinges on the principle of cooperation. It was seen in the previous chapter that international cooperation is one of the key features of the Declaration. This chapter looks at the legal value of international cooperation in international law and argues that if international cooperation for development and human rights is recognized as a source of obligation, the RTD may become an established right in international law. ‘Established’ here means recognition by the international community.