International development law: declaratory, aspirational and positive

Zulu, Nancy Mwansa (2015) International development law: declaratory, aspirational and positive. Doctoral thesis, University of Buckingham.

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Abstract

This thesis considers the different understandings of what 'law' is and applies this to the specific area of international development law. Two central questions are addressed. Firstly, what is the basis of international development law? Put another way, in what sense can international development law be spoken of as 'real' or 'true' law? Secondly, and a precursor to the first question is the question of what is 'real' law. The following preliminary questions are also addressed: what is 'international development law'? What are the sources of international development law? Who formulates international development law? What characteristics or criteria can one use to identify law and thus identify international development law as true law? Paralleling growth of new areas of international law, and aspiring to a 'hard law', is a growing body of international development law. After World War II a distinct body of international development law emerged fostered by the newly independent countries of Africa and Asia. Despite the continued relevance of the legal aspects of the new international economic order (NIEO) debate of the 1970s, and the growing body of instruments, there is a dearth of current literature on the notion of international development law and its legal validity. This thesis addressed this gap. The questions are approached through a multiple grid of legal understandings. The thesis considers what stands as law in the positivist tradition, in the natural law or aspirational law tradition, and in the more recent tradition of legal process. Each of the types of law considered shows the different bases and varying status of international development law. Taken together, these also show the emergence of a legal structure consisting of norms, principles and rules. All this also points to increasing legalization of international development with a discernible movement towards hard law.

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