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Part III Regimes and Doctrines, Ch.40 Theorizing International Law and Development

Kerry Rittich

From: The Oxford Handbook of the Theory of International Law

Edited By: Anne Orford, Florian Hoffmann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 June 2024

Development, right to — Human rights remedies — Development — Economic sanctions — General principles of international law — Sources of international law

This chapter explores the scholarship and practice surrounding international law and development. As a field, law and development might be understood as theoretical in its essence: it revolves around the rise, diffusion, transformation, and disintegration of ideas, theories, concepts, and paradigms concerning law and social change. Political agendas, institutional constraints, as well as economic interests are all crucial to understanding the manner in which the law and development agenda has evolved. Development policy and practice have been crucially important to the generation of global governance norms. Law and development has become at once a source and repository of norms about the forms and functions of law, domestic as well as international, and a powerful counterweight to other sources of law in the international order.

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