발전, 인권 그리고 국제법 - 발전권의 국제적 논의 전개와 실현 과제를 중심으로

Today, the Right to Development(RtD) becomes an essential element for International Development Cooperation(IDC). In the same vein, the history of recognizing the RtD as fundamental human rights is considered as the history of IDC. Since the adoption of the Declaration on the Right to Development in 1986, development itself has become the developing countries’ rights in international law. It is no more a part of the benevolent policy of western developed countries, but the legal rights of a person in an under-development situation. As the Preamble of the Declaration on the Right to Development stipulates, “development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population.” Now, it is an undeniable fact that the RtD is a fundamental right that is closely intertwined with other core human rights. However, it is still an issue to discuss how effectively implement the RtD and what is legally binding norms that impose a concrete obligation to individual states on this human right. Therefore, this paper reviews the way in which the RtD has been evolved in chronological order, and examines the concept of the RtD and its very nature. Furthermore, this paper suggests some recommendations for the realization of the RtD under the international human rights system.