SymposiumThe Promises of International Law and Society

Juridification of the right to development in India

In my paper for the legal sociology conference in Berlin, I argue that the right to development, though a non-legally binding declaration, is indirectly implemented in the Indian legal system through case law – a process which I interpret as a juridification of the right to development (for the term juridification see Blichner and Molander 2008). This argument challenges the distinction between legally binding treaties and non-legally binding instruments in international …