The global goals: formalism foregone, contested legality and “re-imaginings” of international law

French, Duncan (2017) The global goals: formalism foregone, contested legality and “re-imaginings” of international law. In: Ethiopian Yearbook of International Law 2016. Ethiopian Yearbook of International Law, 2016 . Springer, pp. 151-178. ISBN 9783319558974, 9783319558981

Full content URL: https://link.springer.com/chapter/10.1007/978-3-31...

Documents
1602_Global Goals_French_Art6Clean.docx

Request a copy
The global goals: formalism foregone, contested legality and “re-imaginings” of international law
[img]
[Download]
25934 The Global Goals.pdf

Request a copy
[img] Microsoft Word
1602_Global Goals_French_Art6Clean.docx
Restricted to Repository staff only

60kB
[img]
Preview
PDF
25934 1602_Global Goals_French_Art6Clean.pdf - Whole Document

633kB
[img] PDF
25934 The Global Goals.pdf - Whole Document
Restricted to Repository staff only

491kB
Item Type:Book Section
Item Status:Live Archive

Abstract

The Global Goals adopted in 2015 are the next phase in the UN’s plans to tackle poverty and the systemic causes of under-development and other global problems. As with the previous Millennium Development Goals, the Global Goals are expressly political in nature. This paper considers the function, status and role of international law in global development and, in particular, how the Global Goals might be perceived in legal terms. The paper rejects the argument that they represent customary law due to weaknesses in State practice and opinio juris, and is unpersuaded that it is helpful to categorise them as soft law as their purpose is aspirational and not regulatory. Thus, the Goals exist in an arena of contested legality. Two “re-imaginings” of international law are proposed; first, by connecting them to the non-binding Maastricht Principles on the Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights and secondly, by linking them to ideas of international solidarity. The paper concludes that neither provides easy solutions. Nevertheless, what both do – in their own way – is to force us to question why international law isn’t viewed as an acceptable conduit for the advancement of global development?

Keywords:Global Goals, Sustainable Development Goals, development, international law, human rights, solidarity
Subjects:M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
ID Code:25934
Deposited On:28 Jan 2017 20:51

Repository Staff Only: item control page