The Nature and Scope of Right to Development under International Law: A Legal Analysis

Abstract

Senegalese jurist, KebaMbaye, the former president of the United Nations Commission on Human Rights (KebaMbaye, 1972), deemed as one of the first scholar to refer to right to development (RTD), that is defined by him as the recognition of every individual and people to enjoy in just measure the goods and services produced thanks to the effort of solidarity of the members of the community (Felice, 2009). The objective of this paper is to analyse the nature and scope of RTD under international law. An analytical method will be followed during this research. This paper analyses the concept of RTD and discusses various aspects of RTD and categorically its status under international law. It argues that RTD is not only recognised for certain group of people or states rather it is available to all human beings. It concludes that RTD is universally recognised right and even recognised in occupied territories.