Bulletin n. 3/2015
January 2016
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Kuosmanen Jaakko
    Repackaging human rights: on the justification and the function of the right to development
    in Journal of Global Ethics , Volume 11, Issue 3, 2015 ,  2015 ,  303-320
    Abstract This paper focuses on examining the right to development. More specifically, the paper examines two questions relating to the right to development. The first focuses on the issue of justification: can the right to development that appears in the UN Declaration on the Right to Development be provided an adequate philosophical justification? The second question focuses on the function of the right to development: If the right to development simply ‘repackages’ duties correlative to other existing human rights – as it may be argued to be the case with the right enshrined in the Declaration on the Right to Development – does it serve any meaningful function? In answering the first question, the paper argues that the right to development enshrined in the Declaration on the Right to Development is essentially a derivative right, and ultimately its philosophical justification is dependent on whether or not the legal human rights the realisation of which it seeks to enable can be provided an adequate philosophical justification. In answering the second question, the paper suggests that a (moral or legal) right to development that repackages other human rights into a new form can potentially serve at least four practical functions: specifying function, advocacy function, empowerment function, and deliberative function.
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