According to the Declaration on the Right to Development, which marks its 40th anniversary this year, development is “an inalienable human right by which every human person and peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural, and political development in which all human rights and fundamental freedoms can be fully realized.” Historically, discussions on the Right to Development emerged in earnest during the 1960s, driven by Third World states seeking to restructure the international order advancing claims against the Global North. Today, this right has acquired significance as a universal global right that extends beyond individual states in responding to global challenges. Nevertheless, the declaratory nature of the Right to Development, which remains in the form of a United Nations General Assembly resolution, continues to limit its effective implementation.
This article argues that, given the nature of the Right to Development as a right to be realized through international cooperation, its implementation should be strengthened on the basis of the duty of international cooperation enshrined in the Charter of the United Nations and international human rights treaties. However, the duty of international cooperation under the existing international human rights framework has largely been implemented through state-centered cooperation and obligation of conducts, thereby limiting its capacity to address global structural inequalities. Furthermore, states in the Global North have remained reluctant to engage in international cooperation for the realization of the Right to Development, while the recent rise of national interest-oriented diplomacy and the weakening of multilateral cooperation have further constrained international cooperation.
Accordingly, this article examines the emerging discourse on the evolution of the duty of international cooperation beyond a state-centered framework toward a Global Obligation, and explores its implications for the future development of international cooperation. This perspective seeks to promote a just international order and encourages collective responses to transboundary issues that threaten sustainable development, including the climate crisis and global poverty. To operationalize this concept, several issues require further development. First, discussions on the subjects of global obligation need to expand beyond states to include private actors. Second, traditional notion of “causation” must not operate as a limiting factor on the duty of international cooperation. Finally, the principles of international law for global justice - as reflected in the concept of ‘Common but Differentiated Responsibilities’ (CBDR) - should be incorporated in an integrated manner. This will strengthen the links among the pluralized international regimes, including those relating to human rights and trade, and enable the development of collective responses by global actors.