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Acknowledgements | p. xiii |
List of Abbreviations | p. xv |
Table of Cases | p. xix |
Table of Statutory Material | p. xxiii |
Introduction | p. 1 |
Background and research thesis | p. 1 |
International dimension of the RTD | p. 3 |
Why Pakistan as a case study? | p. 4 |
Human rights and development | p. 8 |
Pakistan: towards a rights-based approach to development? | p. 12 |
Approach of the book | p. 12 |
Structure of the book | p. 14 |
The RTD: Concept and challenges | p. 17 |
History, politics and concept of the RTD | p. 19 |
Introduction | p. 19 |
Historical overview | p. 19 |
From economic sovereignty to the RTD | p. 19 |
The Declaration (1986) | p. 22 |
The Vienna Declaration (1993) | p. 22 |
The current status of the RTD (2004-2007) | p. 23 |
Regional and national perspectives | p. 24 |
The politics of the RTD | p. 26 |
The North-South divide | p. 26 |
The political positions of states/groups of states | p. 27 |
The voting trends in the General Assembly | p. 29 |
The Commission on Human Rights | p. 32 |
Human rights in development programmes | p. 34 |
Conceptual basis | p. 35 |
The capability approach | p. 35 |
Capability and human rights | p. 37 |
List of capabilities | p. 39 |
Realizing capabilities through the RTD | p. 39 |
Islamic perspective vis-à-vis capability and human eights | p. 40 |
Conclusion | p. 41 |
The jurisprudence of the RTD | p. 43 |
Introduction | p. 43 |
Sources | p. 44 |
The right to self-determination | p. 44 |
Article 28 of the UDHR | p. 48 |
Articles 55 and 56 of the UN Charter | p. 49 |
Other international instruments | p. 51 |
Subjects | p. 52 |
State as a subject | p. 52 |
State as a duty-hoider | p. 53 |
Peoples as a subject | p. 54 |
Individual as a subject | p. 55 |
Content | p. 56 |
Individual right | p. 57 |
Collective right | p. 58 |
The right to a process of development | p. 59 |
Justiciability | p. 62 |
Rights and duties in analytical jurisprudence | p. 64 |
Rights as goats: ethical jutisprudence | p. 66 |
The Maastricht Guidelines | p. 68 |
The pluralistic foundations of human rights | p. 70 |
Justiciability at the national level | p. 71 |
Justiciability at the international level | p. 73 |
Rights and duties in Islamic jurisprudence | p. 74 |
Conclusion | p. 74 |
The declaration and the working groups | p. 77 |
Introduction | p. 77 |
The first working group and the drafting of the Declaration | p. 79 |
The working group report | p. 79 |
An analysis of the working group report | p. 80 |
The drafting of the Declaration | p. 81 |
The main features of the Declaration | p. 83 |
Unity of human rights | p. 83 |
Participation | p. 84 |
International cooperation | p. 86 |
The concept of development | p. 87 |
Sustainable development | p. 90 |
Weaknesses of the Declaration | p. 92 |
Vague and imprecise | p. 92 |
A compromise document | p. 93 |
Reference to the NIEO | p. 94 |
Women's rights | p. 95 |
Realization of the RTD | p. 96 |
The global consultation | p. 96 |
The second and third working groups | p. 98 |
The current status of the realization | p. 100 |
The independent expert and the task force | p. 100 |
The Development Compact | p. 101 |
Debate in the working group | p. 103 |
A critical appraisal of the Development Compact | p. 104 |
The high-level task force | p. 105 |
Evaluation of the task force reports | p. 107 |
Conclusion | p. 108 |
The RTD in international law | p. 111 |
The legal status of the RTD in public international law | p. 113 |
Introduction | p. 113 |
Sources of international law | p. 114 |
Custom | p. 115 |
What is meant by 'recommendation'? | p. 116 |
Opinio juris | p. 119 |
State practice | p. 122 |
Is the USA a 'persistent objector'? | p. 126 |
General principles of law | p. 128 |
Is the Declaration a soft law? | p. 130 |
The RTD and 'new sources' | p. 132 |
The value of the Declaration: determining factors | p. 135 |
Competency of General Assembly | p. 135 |
'The nature and content' | p. 136 |
'Time and circumstances' | p. 136 |
'Terms and intent' or language | p. 136 |
'Voting pattern' | p. 137 |
'International organization practice' | p. 137 |
Implementation or follow-up mechanism | p. 138 |
'Community values, needs and expectations' | p. 138 |
Conclusion | p. 140 |
The RTD at the national level: Pakistan as a case study | p. 143 |
The nature and extent of the realization of the RTD in Pakistan | p. 145 |
Introduction | p. 145 |
The political economy of Pakistan | p. 146 |
Economy: far from distributive justice | p. 146 |
Constitution-making: still a dilemma | p. 147 |
The national dimension of the RTD | p. 152 |
The Declaration | p. 152 |
Pakistan's role in the mainstream RTD debate | p. 153 |
Constitutional mechanisms versus the features of the RTD | p. 154 |
The nature of the constitutional obligations | p. 155 |
Public Interest Litigation: prospects for the RTD | p. 156 |
Conceptual basis | p. 156 |
An analysis of case law | p. 157 |
Right to life (Article 9) | p. 158 |
Prohibition of forced labour (Article 11) | p. 159 |
Freedom of association (Article 25): political participation | p. 161 |
Equality of citizens (Article 25) | p. 162 |
Women's rights | p. 162 |
Protection of the environment | p. 163 |
The Principles of Policy | p. 165 |
Problems and prospects of PIL | p. 166 |
Impact of the current judicial crisis | p. 167 |
Conclusion | p. 169 |
Reconceptualizing the RTD in Islamic law | p. 171 |
Introduction | p. 171 |
Shari'ah: meaning, sources and purpose | p. 171 |
Meaning of the Shari'ah | p. 171 |
Primary sources: the Qur'an and the Sunnah | p. 173 |
Juristic techniques | p. 175 |
The purpose of the Shari'ah: the doctrine of maslahah | p. 176 |
Maslahah and the RTD | p. 178 |
General relevance of maslahah to the RTD | p. 178 |
Human rights and Islamic law | p. 181 |
The challenge of cultural relativism | p. 181 |
How to achieve compatibility | p. 184 |
Islamization and the RTD in Pakistan | p. 186 |
Jinnah's vision of Pakistan | p. 186 |
The Objectives Resolution | p. 188 |
The Islamic provisions of the 1973 constitution | p. 189 |
The Islamic concept of social justice | p. 190 |
Zia's Islamization movement and the RTD | p. 191 |
The judicial system | p. 191 |
Economic reform | p. 193 |
Implications for the RTD | p. 194 |
The role of the judiciary | p. 197 |
Implications for other Muslim countries | p. 200 |
Conclusion | p. 201 |
Pakistan's Poverty-Reduction Strategy and the RTD | p. 203 |
Introduction | p. 203 |
The PRSP framework | p. 204 |
Introduction and background | p. 204 |
The guidelines | p. 205 |
Principles of the PRSP and the RTD | p. 207 |
Country ownership | p. 207 |
Participation | p. 209 |
Other principles | p. 211 |
Pakistan's PRSP and the RTD | p. 212 |
National ownership and participation | p. 212 |
AJP in the PRSP | p. 216 |
Governance | p. 217 |
The rule of law | p. 218 |
The judiciary in the RTD debate | p. 219 |
The guidelines and judicial reforms | p. 220 |
Guideline 8 and the AJP | p. 220 |
Importance of the right of equal access to justice | p. 220 |
The rationale of the AJP | p. 221 |
The scope of the right of equal access to justice (the guideline) | p. 222 |
Objectives and scope of the AJP | p. 222 |
Key targets and indicators | p. 224 |
The AJP | p. 224 |
Key features of a strategy for realizing the right of equal access to justice | p. 224 |
The AJP framework | p. 225 |
A comparison of the two strategies | p. 225 |
Evaluation of the AJP | p. 230 |
Conclusion | p. 251 |
Conclusion | p. 233 |
Glossary of Islamic words | p. 239 |
Bibliography | p. 241 |
Index | p. 261 |
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