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International Development LawRule of Law, Human Rights, and Global Finance$
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Rumu Sarkar

Print publication date: 2009

Print ISBN-13: 9780195398281

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195398281.001.0001

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International Development Law: Substantive Principles

International Development Law: Substantive Principles

Chapter:
(p.75) 2 International Development Law: Substantive Principles
Source:
International Development Law
Author(s):

RUMU SARKAR

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195398281.003.002

This chapter discusses the new substantive principles of international development law with specific reference to: (1) parties (and the rights and privileges of different parties to the development process); (2) fundamental law principles of mutuality, the duty to cooperate, equitable participation in development, and transparency; (3) establishing legal norms (contextual and absolute); (4) a taxonomy of international development law (absolute norms, globalized laws, and relative norms); and (5) the institutional framework for international development is discussed in terms of enforcing legal norms. The chapter provides a new, researched template of analysis in which to structure the legal study of international development It sets forth the merits of establishing a World Bank Capital Transfer Appellate Board. The chapter proposes that capital transfers (as part of the development process) be subject to an adjudicatory process of review, thereby creating a new substantive body of public international law.

Keywords:   mutuality, duty to cooperate, transparency, rights, privileges, legal norms, institutional framework, World Bank

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