Abstract: This paper discusses the basic guarantee of the Charter of the United Nations to realize the right to development from the angle of Transforming Our World: the 2030 Agenda for Sustainable Development. The concepts of people as the center, the dignity and worth of the human being, and larger freedom and other basic concepts in the Charter of the United Nations guide the right direction of action to realize the right to development. The purposes and principles of the United Nations established in the Charter constitute the basic legal protection of the right to development. The values of peace, international dialogue and international cooperation show the right path to realize the right to development.

 

Keywords: the Charter of the United Nations, right to development,  Transforming Our World: the 2030 Agenda for Sustainable Development.

 

The agenda, titled Transforming Our World: the 2030 Agenda for Sustainable Development (hereinafter referred to the 2030 Agenda) and passed in the United Nations Development Summit on September 25, 2015, was adopted by the Charter of the United Nations (hereinafter referred to as the Charter) and informed by the Declaration on the Right to Development (hereinafter referred to as the Declaration). The 2030 Agenda shows that following the Charter is the basic guarantee for realizing the right to development. This is not only a summary of the historical experience of the international community, but also in line with the reality of the international community.

 

 

The 2030 Agenda reflects and stands out the fundamental concepts relating to the right to development of the people as center, the dignity and worth of the human being, larger freedom. It is necessary to fully respect, effectively protect and comprehensively promote the right to development. People must abide by the direction guided by the concepts for the sake of achieving the goals of sustainable development.

 

 

The preamble of the Charter begins with “We the Peoples of the United Nations Determined”, indicating that it was concluded in the name of the people of its Member States. It has more emphasis than in the name of a state or a government. By comparing with the writing of “the Members of the League” applied in the preamble of the Covenant of the League of Nations, “We the Peoples of the United Nations” emphasizes that the Charter of the United Nations is the declaration of people’s common willingness around the world1. There are lots of stipulations corresponding to the name of people in the Charter. For example, the preamble of the Charter announces “to employ international machinery for the promotion of the economic and social advancement of all peoples”; in Article 1.2, “to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples”; and Article 73 about territories whose peoples have not yet attained a full measure of self-government and Article 76 about inhabitants of the trust territories indicate the development concept of people as center after the war.

 

The 2030 Agenda follows the Charter consistently and runs through the development concept of “people centered”. Paragraph 2 of the preamble of the 2030 Agenda indicates that all countries and all stakeholders on behalf of the peoples that they serve have adopted a historic decision on a comprehensive, far-reaching and people-centred set of universal and transformative Goals and targets. Paragraph 27 stipulates that “We will work to build dynamic, sustainable, innovative and people-centred economies, promoting youth employment and women’s economic empowerment, in particular, and decent work for all. ” Paragraph 52 indicates that “We the peoples” are the celebrated opening words of the Charter of the United Nations. It is “we the peoples” who are embarking today on the road to 2030. Our journey will involve Governments as well as parliaments, the United Nations system and other international institutions, local authorities, indigenous peoples, civil society, business and the private sector, the scientific and academic community and all people. Millions have already engaged with, and will own, this Agenda. It is an Agenda of the people, by the people and for the people and this, we believe, will ensure its success. Paragraph 74(e) stipulates that follow-up and review processes of the implementation of the 2030 Agenda should abide by the principle “that will be people-centred, gender-sensitive, respect human rights and have a particular focus on the poorest, most vulnerable and those furthest behind”.

 

From the perspective of the above-mentioned contents of the 2030 Agenda, the people-centered development should be the development of the people, by the people and for the people.

 

“Of the people” means that people are “the sovereign” or “owner” of a state. The state or its government belongs to the people but not the other way round. If a state is “of the people”, the developmental resources of the state are “of the people”, thus development achievements undoubtedly are “of the people”.

 

If a state is “by the people”, all powers of the state belong to the people. The government governs the state on behalf of the people and is supervised by the people. Governing the state “by the people” has a close relation with the democratic rights that people exercise in state administration. From the perspective of the right to development, people are the subjects of development, of the right to development and of the power to promote development and create history. The development planning of a state is designed “by the people”, thus the making and implementation of the plan inevitably will conform to people’s willingness.

 

The notion “for the people” means that the government should be based on the people and serve for the people. Instead, the government should not be regarded as an objective by people. If the development is “for the people”, it inevitably will take safeguarding and improving people’s livelihood as the starting point and objective, respectively, respond to people’s appealing and expectation, spare no effort to solve the problems related to vital interests, such as education, medical treatment, employment, social security and residence, etc. “Economic growth is the foundation for eliminating poverty and hunger. In order to realize sustainable economic growth, developmental achievements must be shared by all social members”.2 On July 22nd, 2016, Li Keqiang, Premier to the State Council held the “1+6” Round Table Dialogue with President Jim Yong Kim of the World Bank, Managing Director Christine Lagarde of the International Monetary Fund, Director-General Roberto Azevedo of the World Trade Organization, Director-General Guy Ryde of the International Labor Organization, Secretary-General Angel Gurría of the Organization for Economic Cooperation and Development as well as Chairman Mark Carney of the Financial Stability Board.

 

Suggestions of the CPC Central Committee on the Thirteenth Five-Year Plan for National Economic and Social Development also stipulates that “China must insist on the people-centered development concept”. The 13th Five-Year Plan is China’s scheme of implementing the 2030 Agenda in the next five years. Based on the plan, it can really realize the development “of the people, by the people and for the people” and realize the rights of every human being and all peoples stipulated in Article 1 in the Declaration “to participate in, contribute to, and enjoy economic, social, cultural and political development. ”

 

 

The preamble of the Charter stresses “to reaffirm faith in fundamental human rights, in the dignity and worth of the human being, in the equal rights of men and women and of nations large and small.” The opening words in the preamble of Universal Declaration of Human Rights emphasize that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”. International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights ensures that “the equal and inalienable rights of all” are “originated from the inherent dignity of persons”.

 

The right to development and other human rights are “originated from inherent dignity of human being”. In 1972, Keba M’Baye, Chief Justice of Senegalese Supreme Court, made a speech on the Right to Development as a Human Right in the Human Rights Institute in Strasbourg, proposed and demonstrated the opinion that the right to development is a human right. Afterwards, such an opinion has been gradually acknowledged. According to the Declaration and the Vienna Declaration and Programme of Action, the right to development is an inalienable human right. Equal development opportunity is a peculiar right of the state and the individuals. Individuals are the central subjects and main beneficiaries of the development.

 

In the President Xi Jingping’s Congratulatory Letter to Beijing Forum on Human Rights in 2015, it indicates that “in the modern times, Chinese people have suffered from hardship and have deeply known about the significance of human worth, basic human rights and personal dignity during the social development progress.”3 It is vital to respect human dignity and worth for realizing peace and development. “Any security agenda and development action won’t make a difference unless it fully respect human dignity.”4

 

The dignity and worth of human being are integrated in the 2030 Agenda. The preamble of the 2030 Agenda points out that “We are determined to end poverty and hunger, in all forms and dimensions, and to ensure that all human being can fulfil their potential in dignity and equality and in a healthy environment when prospecting the goals reached by “human” development. Paragraph 4 of the 2030 Agenda indicates “the dignity of the human being is fundamental”. Paragraph 14 shows that “billions of our citizens continue to live in poverty and are denied a life of dignity. ” Paragraph 50 announces “We resolve to build a better future for all people, including the millions who have been denied the chance to lead decent, dignified and rewarding lives and to achieve their full human potential.”

 

The notion of human right always accompanies with the notion of human dignity and worth in the international human rights instruments. The preamble of the Charter of the United Nations reaffirms the concept of basic human rights, human dignity and worth. Article 1 of the Universal Declaration of Human Rights provides that “all human being are born free and equal in dignity and rights.” The reason is that human rights are derived from human dignity and worth and the human dignity and worth are embodied and realized through human rights. To realize human dignity and worth, “human rights-based approach to development” becomes a necessary choice. Paragraph 8 of the 2030 Agenda which aims to create a world of universal respect for human rights and human dignity and other relevant rules indicates that the 2030 Agenda chooses the development path based on human rights.

 

The development path based on human rights is consistent with the theory and practice of the right to development. Article 1 of the Declaration implies “the development path based on human rights”: The right to development is an inalienable human right by virtue of which every human being and all peoples are entitled to participate in, contribute to, and enjoy the economic, social, cultural and political development, through which all human rights and fundamental freedoms can be fully realized. When referring to the establishment of the 2030 Agenda, the UN High Commissioner for Human Rights points out that the rights to development has the same foundation as other human rights. Each person and all the peoples have the right to participate in the development process, in which all the human rights can be fully achieved, including the right to development. This kind of consideration is at the core of the development path based on human rights”.5 It shows that the right to development has tremendous potential and plays an outstanding role for human development. If we ignore the right to development, the path based on human rights will not exist.

 

The UNDP put forward the development path “based on human rights” in the Human Development Report 2000, which focuses on the importance of human rights for development.6 The report points out that, human rights are not so much a return for development in the argument but a foundation for achieving development. More and more people realize that the development path based on human rights is the only road for us to achieve sustainable development. The sustainable development aim of the 2030 Agenda fully adopted the principles and standards of human rights, which is different from the millennium development goals that only relate to specific economic and social rights. The preamble of the 2030 Agenda points out that the 17 sustainable development goals and 169 associated targets we are announcing today demonstrate the scale and ambition of this new global Agenda. … They seek to realize the human rights of all and to achieve gender equality and the empowerment of all women and girls. As we choose the development path based on human rights, we shall make human rights available to all the people. And we should solve the problem of inadequate capacity or even incapability of the bearers of the rights. The country shall fulfill its obligations on human rights to directly realize or mobilize social forces to make the bearers of rights to gain the empowerment to realize rights. One of the goals of the 2030 Agenda is to make all the people to have human rights and the ability to realize human rights.

 

The development path based on human rights is established on the basis of understanding between the complementary relations between human rights and development. The development path based on human rights is incompatible with the development pattern one-sidedly focusing on economic growth. The 2030 Agenda demands to promote sustainable development in economy, society and environment and to realize the harmony between human and society, human and nature. The abnormal economic growth, social disparities and eco-environmental degradation are all harmful to human rights and sustainable development.

 

“The most important part of human rights is to promote human development.”7 The social development, after all, is the development of human being. It’s the achievement of human rights and value. “The respect for human dignity and freedom is the symbol of all the civilization.” “Human rights and human development share a common vision and a common purpose—to secure the freedom, well-being and dignity of all people everywhere.8     

 

 

The preamble of the Charter declares that, “We the peoples of the United Nations determine to promote social progress and better standards of life in larger freedom”. On December 17, 2015, the General Assembly passed the NO.70/155 Resolution named “the right to development”, which had a clear purpose and theme from the very beginning: the General Assembly follows the UN Charter, especially stating their determination to promote social progress and standards of life in larger freedom. And for this purpose, they use international mechanism to promote the economic and social progress for people all over the world. This indicates that larger freedom in the Charter has close relationship with the right to development.

 

The preamble of the Universal Declaration of Human Rights declares that “disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human being shall enjoy freedom of speech and belief and freedom from fear. These rights have been proclaimed as the highest aspiration of the common people.” The descriptions mentioned here, freedom from fear and freedom from want, can explain the concept of “larger freedom” in the Charter.

 

In September, 2005, when the UN Secretary General Kofi Annan made a speech reporting the reform of the UN at the 60th anniversary of the United Nations (In Larger Freedom: Towards Development, Security and Human Rights for All). The report reaffirms that human rights as one of the three principal goals of the United Nations, alongside development and security, and that the protection of human rights is essential to building a more secure and prosperous world. The core part of the report is how to realize the freedom from fear and the freedom from want by way of UN reform. In the same year, Annan published an article, entitled “In Larger Freedom: Decision Time at the UN” in the American journal Foreign Affairs. The article once again states the two kinds of freedom at length. “more secure” is to realize the freedom from fear to a greater extent, and accordingly, “more prosperous” is to realize the freedom from want in his report.

 

During the term of Kofi Annan as the UN Secretary General, he had praised the view of “development as freedom ” put forward by the Indian scholar Amartya Sen, a Nobel Prize Winner in economics. In his book titled “Development as Freedom”, Sen states that development can be defined as a process to enlarge the real freedom which people can enjoy: the essence of development is to enlarge freedom. Only when the freedom is expanded, effective development will be achieved. Sen believes the effective freedom is the way and aim of development. He deems the effective freedom includes the basic capability free from sufferings such as hunger, malnutrition, preventable disease, premature death and so on. The effective freedom also includes the ability of literacy and numeracy.9 The freedom which Sen talked about is closely linked to the larger freedom  Kofi Annan stated when explaining the Charter.

 

The world we live in is far from the world of larger freedom. For example, in the country which suffers from the chaos of war, there are a large number of refugees because of extreme fear and insufficient of goods. The 2030 Agenda plans to create an environment comprehensively for sustainable development, which marks the shift to a more balanced and more equal pattern of sustainable development. It aims to guarantee all the people enjoy the freedom from fear and freedom from want without discrimination.10 The first sentence of the preamble of the 2030 Agenda is: “This Agenda is a plan of action for people, planet and prosperity. It also seeks to strengthen universal peace in larger freedom”. The 2030 Agenda has many details that directly or indirectly involve the “freedom from fear’’ and “freedom from want”. For example, the preamble of The 2030 Agenda points out that“ We are resolved to free the human race from the tyranny of poverty, want as well as to heal and secure our planet”, and “we have the determination to build a society full of peace, fairness and tolerance without fear and violence”; Paragraph 7 of the 2030 Agenda provides that, “ We envisage a world free free poverty, hunger, disease and want, where all life can thrive. We envisage a world free of fear and violence”. Goal 16 of the 2030 Agenda proposes “to promote peaceful and inclusive societies”, “ End all forms of violence”, “Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime”.

 

The threats to the enduring peace and sustainable development of the society exist, including the traditional threats to security such as war and armed conflicts and the non-traditional security threats such as terrorism, poverty, eco-environmental degradation, drug abuse and traditional endemic which are all the threats to people free from fear and want. Each country shall take efforts in politics, economy, society and environment to eliminate the threats at source.

 

Wars or armed conflicts, such as the two world wars in twentieth-century, have brought untold sorrow to mankind which made the people around the world live in the fear of wars. Since the end of the Second World War, the Collective Security System regulated by the Charter has a certain positive effect on the prevention of a new worldwide war. However, international armed conflicts take place irregularly in regions, and domestic armed conflicts have a long-term existence in some developing countries. All countries are suffering from serious threats of terrorism and other violent attacks. The Chinese government is committed to safeguarding world peace and stability, and promoting the construction of peaceful rule of law China, with the purpose of guaranteeing the Chinese to live and develop in a liberal environment without threats.    

 

If all countries could not reduce poverty, there would be no freedom from want. According to the statement released by the United Nations agencies in 1998, “Fundamentally, poverty is a denial of choices and opportunities, a violation of human dignity. It means the lack of basic capacity to participate effectively in society. It means there is no enough to feed and no clothe to wear, no school or clinic to go to, no land to grow one’s food or no job to earn one’s living, and no access to credit. It means insecurity, powerlessness and exclusion of individuals, households and communities. It means susceptibility to violence, and it often implies living on marginal or fragile environments, without access to clean water or sanitation”.11 Poverty is not only the result of the failure in achieving development and the right to development, but also the reason of the difficulty of the achievement. To eliminate poverty, it is necessary to start from enhancing the right and ability of the poor to development, through the equity and diversification. BRICS Joint Statement at the Annual High-Level Panel on Human Rights Mainstreaming during the United Nations Human Rights Council in 2016 reaffirmed that the right to development should be central to the implementation of the 2030 Agenda, and effective activities should be undertaken in mainstreaming the right to development, and eradication of poverty should be achieved by development.12 The period of China’s 13th Five Year Plan is formulated for poverty alleviation. Througn eradiction of poverty by precision, China will achieve the goal to lift 75,000,000 poor people out of poverty, so that Chines could gain great advancement in the enjoyment of freedom from want.

 

The Charter was passed before the end of the Second World War. The concepts mentioned above were formed on the foundation of experiences and lessons summed up by the anti-fascist countries from the peace and development of humanity. The practice, especially these concepts brought into the 2030 Agenda, since the Charter came into force, proved that they have universal applicability and guiding significance. It can be seen that these concepts are in accordance with the administrative ideas and guidelines and policies from the indication of the 2030 Agenda.

 

The development concepts of “being innovative, coordinated, green, open and sharing” provided on the Fifth Plenary Session of the 18th Central Committee of the CPC are the system formed on the foundation of the summary of China’s development experience and the inheritance of the common achievements of civilization and progress. China has played an important role in the setting work of The 2030 Agenda, therefore, the five key words “innovative, coordinated, green, open and sharing” are repeated and embodied in the 2030 Agenda. These concepts provide a direction for Chinese people on the way towards the comprehensive well-off, and they are also the wisdom and experience which contributed to achievement of the goals of international sustainable development in 2030 in China.

 

 

President Xi said, “All countries should jointly uphold the international order and system underpinned by the purposes and principles of the UN Charter, build a new type of international relations featuring win-win cooperation and advance the noble cause of global peace and development.”13

 

 

Same as other human rights, the right to development does need a legal guarantee. Paragraph 10 of The 2030 Agenda points out: “The new Agenda is guided by the purposes and principles of the Charter of the United Nations, including full respect for international law.”

 

The preamble of the Charter announces the principle of rule of law of the United Nations. We the peoples of the United Nations determined: “to establish conditions under which justice and respect for the obligations enshrined in the treaties and other sources of international law can be maintained”. Hereby, the United Nations and all member countries shall enforce the international rule of law, and fulfill their obligations in good faith under the Charter and other international laws.

 

The purposes of the United Nations in Article 1 of the Charter are to maintain international peace and security, to develop friendly relations among nations, to achieve international co-operation, and to be a center for harmonizing the actions of nations. 

 

Declaration on Principles of International Law Friendly Relations and Cooperation among States is in Accordance with the Charter of the United Nation, which passed by the General Assembly of the United Nations on October 24, 1970 and explains the seven basic principles of international law in Article 2 and other articles of the Charter. The seven principles refer to the Paragraph 2 of Article 3 of the Declaration, that is “The realization of the right to development requires fully respect for the principles of international law concerning friendly relations and co-operation among States in accordance with the Charter of the United Nations”, which are listed as follows:     

 

(a) The principle that States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations,

 

(b) The principle that States shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered,

 

(c)  The duty not to intervene in matters within the domestic jurisdiction of any State, in accordance with the Charter,

 

(d)  The duty of States to co-operate with one another in accordance with the Charter,

 

(e)  The principle of equal rights and self-determination of peoples,

 

(f)  The principle of sovereign equality of States,

 

(g)  The principle that States shall fulfil in good faith the obligations assumed by them in accordance with the Charter,

 

The purposes and principles of the United Nations are foundation of the present international law and concentrated embodiment of international obligations of the Members of the United Nations. Therefore, Paragraph 2 of Article 9 of the Declaration provides that, “Nothing in the present Declaration shall be construed as being contrary to the purposes and principles of the United Nations”. It is the same as Article 103 of the Charter, that is， “ In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail”.

 

 

 

Paragraph 38 of the 2030 Agenda states, “We reaffirm, in accordance with the Charter of the United Nations, the need to respect the territorial integrity and political independence of States.”

 

The violations of “the territorial integrity and political independence” of other States serious act that great powers which carry out hegemonic policies and power politics use the law of the jungle to break the purposes and principles of the United Nations. According to the provision of the Paragraph 4 of Article 2 of the Charter and its interpretation by the Declaration On Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nation, all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations. 

 

The violation of the territorial integrity and political independence of other States belong to “the massive and flagrant violations of the human rights”, provided by the preamble of the Declaration. This paragraph points out that the General Assembly of the United Nations “considers that the elimination of the massive and flagrant violations of the human rights of the peoples and individuals affected by situations such as those resulting from colonialism, neo-colonialism, apartheid, all forms of racism and racial discrimination, foreign domination and occupation, aggression and threats against national sovereignty, national unity and territorial integrity and threats of war would contribute to the establishment of circumstances propitious to the development of a great part of mankind.”

 

The Iraq War started by the US and the UK in 2003 is a typical case of the violations of the territorial integrity and political independence of other States. The investigation report on the Iraq War published by the UK Government, which took seven years to finish, began in 2009 by the Iraq Inquiry with Sir John Chilcot as Chairman. The report recognized Britain’s participation of starting Iraq War was in lack of legal ground and factual standard. However, the main culprit of the war, the US, has not confessed the illegality and serious damages of the Iraq War. “If a country places its domestic law above international law and interferes in other countries’ internal affairs at will or even seeks regime change, the legitimacy of its action would be questioned by the international community.”14

 

 At Beijing Forum on Human Rights 2015, Kareem, Ambassador on human rights from Egypt and former Secretary-general of national human rights committee, said, “We should remind our First-World partners of the special responsibility in this regard, as these serious problems will happen in their own countries. The massive influx of refugees into Europe we have seen today is an example.”15 The influx of refugees in Europe is mainly from the West Asia and North African countries where a brutal violation of the territorial integrity and political independence exists. After the US-British invasion of Iraq in 2003, the overthrow of Saddam Hussein's regime and the change of Iraq's political and ecological balance, Iraq fell into a crisis of disintegration, turmoil and terror. The right of peace and development of the Iraqi people has been grossly infringed. After the turmoil in the Arabian region in December 2010, the United States, Britain and France took the opportunity to carry out the "color revolution", with political, military and other means to intervene in Libya and Syria, which exacerbated the war in the region and indulged the terrorism. It is impossible to appear the refugee flows if the peaceful and development environment of those countries is not destroyed and the people are not in deep fear and want.

 

 

Article 2 of paragraph 2, of the Charter provides that "the development of friendly relations among nations based on respect for the equal rights and self-determination of people". In accordance with Article 1 of the 1966 International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, the right to self-determination of people is a collective human right.

 

The right to development is inseparably bound to the right to self-determination. The purpose of the exercise the right to self-determination is to control their own destinies as well as to determine their own development and other issues autonomously. The equal and autonomous nature of the right to development is consistent with the principle of equal rights and self-determination of people. "Because of the self-determination right of all people, they have the right to determine their political status and to pursue their economic, social and cultural development", stated in Paragraph 6 of the preamble of the Declaration. To realize the right to development under colonial domination and foreign occupation, they must first exercise their rights to self-determination and free themselves from colonial domination and foreign occupation. Paragraph 35 of the 2030 Agenda provides: "We call for further effective measures and actions in accordance with international law to remove obstacles of people to fully exercise the right to self-determination under colonial domination and foreign occupation, because these obstacles continue to affect their economic and social development.” At present, the people of the 17 Non-Self-Governing Territories, such as American Samoa, British Virgin Islands and French Polynesia, which were formed by colonial rules, are in urgent need of exercising their right to self-determination in order to determine their ultimate political attribution. The United Kingdom, the United States, France and New Zealand, as the administering Powers of these Non-Self-Governing Territories, and must fulfill their responsibility to make the people of the Territories concerned under their administration to exercise autonomous right.

 

Even after people have established their own independent political status through the exercise of their right to self-determination, the development issues should also be determined by themselves, and no other states could interfere in it. Article 1 of the Declaration on the Protection of the Inalienable Independence and Independence of States, adopted by the General Assembly of the United Nations on 21 December 1965, provides that "Internal, diplomatic, armed intervention and any other form of intervention or an attempt to threaten a person’s personality or his political, economic and cultural affairs, should be condemned.”

 

Since the middle of the 20th century, during the process of decolonization and the establishment of a new international economic order, the developing countries have gradually regained their sovereignty over natural resources by means of nationalization. Article 25 of The International Covenant on Economic, Social and Cultural Rights and Article 47 of The International Covenant on Civil and Political Rights provide that "nothing in this Convention shall be interpreted as impairing the full and free enjoyment by all peoples of their natural wealth and resources.” Article 1, Paragraph 2 of the Declaration states: "The right to development also implies the full realization of the right of peoples to self-determination, including under the relevant provisions of the two international covenants on human rights to gain full sovereignty on natural resources and wealth. In accordance with Paragraph 18 of the 2030 Agenda: "We reiterate that every State has full and permanent sovereignty over its wealth, natural resources and economic activities and shall exercise it freely." The natural resources and the wealth of states are essential means of subsistence and resources for development. The economic activities of all states are the objective needs of their people's survival and development. The permanent sovereignty of States over their wealth, natural resources and economic activities is an important element of the sovereignty of the states’ economy.

 

The common Article 1, Paragraph 2, of the two human rights covenants of 1966 provides that "all peoples may freely dispose their natural wealth and resources for their own purposes without prejudice to international economic cooperation and international law based on the principle of mutual benefit." Accordingly, the exercise by the people of the permanent sovereignty over natural resources shall not be contrary to the international obligations assumed by their own State. The exercise of the permanent sovereignty over a country's natural resources should uphold the value objectives that are conducive to the realization of the right to development of the people of that country. "Historically, the principle of permanent sovereignty over natural resources is not only an extension of national territorial sovereignty principle, but also the human rights value of self-determination, which constitutes an important objective of the new international economic order. For the recent challenges in practice of interpretation and application of the principle, we must redefine its legal connotations ... Although the principle of permanent sovereignty over natural resources shows in theory that the 'permanent sovereignty' is in the legal position of priority, only when embedded in the value of the right to development and following the balance of interests, the permanent sovereignty over natural resources may be coordinated with the obligations as protection of investment, free trade and environmental protection so as to harmonize the supreme national sovereignty with the right of all peoples to development and common interest of the human society.16

 

 

Paragraph 30 of the 2030 Agenda "strongly urges States not to promulgate and apply unilateral economic, financial or trade measures that are not in conformity with international law and the Charter of the United Nations and impede the full realization of economic and social development, particularly in the developing countries." The context of unilateral coercive measures violates the principle of sovereign equality and the right of peoples to self-determination. On 18 December 2014, the General Assembly of the United Nations again adopted a resolution entitled "Human Rights and Unilateral Coercive Measures", "reaffirming that unilateral coercive measures are a major obstacle to the implementation of the Declaration on the Right to Development"; this Solution "Condemns the continued unilateral application and enforcement of unilateral coercive measures by certain major Powers and opposes the use of such measures and their extraterritorial effects as a means, to exert political or economic pressure on any State, particularly in developing countries, to prevent the exercise of the right of these States to determine their own political, economic and social systems in accordance with their free will, as such measures are of great concern to the general population, for these measures on the realization of all human rights by the elderly and persons with disabilities had a negative impact ".

 

A typical example of the application of unilateral coercive measures is the blockade and other sanctions that the United States has unilaterally imposed on Cuba since the 1960s. On November 24, 1992, the United Nations adopted for the first time “a resolution on the necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba”, which was adopted in the same name every year by the United Nations General Assembly. Despite the resumption of diplomatic relations between the two countries, the United States embargo on Cuba and other sanctions have not been completely eliminated. The preamble of the resolution of the United Nations General Assembly in same name adopted on October 27, 2015, "expresses its concern that Member States are still enacting and implementing laws and regulations such as the so-called Helms-Burton Act of 12 March 1996, which extraterritorially effect to the sovereignty of other States and to the legitimate interests of entities or persons under their jurisdiction and to the freedom of trade and navigation ". The resolution "once again urges all States to refrain from promulgating and applying the laws and measures of the kind referred to in the preamble to the present resolution, consistent with their obligations under the Charter of the United Nations, in particular under international law reaffirming freedom of trade and navigation."

 

 

Paragraph 18 of The 2030 Agenda states: "We reiterate that we will abide by international law and emphasize that this agenda will be implemented in a manner consistent with the rights and obligations of States under international law." The basic rights and obligations under international law for States are embodied in the Charter. The implementation of the 2030 Agenda must take the form consistent with the purposes and principles of the United Nations.

 

 

After the Cold War, the United Nations has been striving to promote the rule of law. Starting from the Resolution 48/132 of 1993, the General Assembly has adopted several resolutions, all entitled Strengthening the Rule of Law. The resolutions adopted every year or every other year focus on the rule of law at the national level.

 

In 1999, the Kosovo Crisis occurred in Yugoslavia. Bypassing the UN Security Council and ignoring international rule of law based on purposes and principles of the United Nations, the US-led NATO force resorted to the use of force against the Federal Republic of Yugoslavia. Therefore, Kosovo Crisis was regarded as the crisis of the United Nations and international law. Facing intense pressure from global society, western countries such as the United States had to proclaim that the Kosovo War was only an exception rather than the rule. Also in 1999, the International Court of Justice entered a judgment against the United States in the LaGrand case (Germany v. the United States), and Yugoslavia brought an action against the NATO countries within the jurisdiction of the International Court of Justice for illegal use of force. 

 

Since western countries such as the United States implemented the rule of law at home but violated it abroad, the United Nations Millennium Declaration (2000) pointed out that Member States resolved “to strengthen respect for the rule of law, in international as in national affairs and, in particular, to ensure compliance by Member States with the decisions of the International Court of Justice, in compliance with the Charter of the United Nations, in cases to which they are parties.”

 

In 2003, there was a tendency for more rampant unilateralism and hegemonic policies in the United States. It launched the Iraqi War preemptively despite the opposition of many countries, including its allied countries. Even though it is the permanent member of the UN Security Council, it resorted to the use of force against a sovereign state without authorization, which was a grave breach of international law. Both the United Nations and international law were suffering through a massive crisis.

 

On March 21, 2005, then U.N. Secretary-General Kofi Annan expressed his opinion in Paragraph 133 of his report, In larger freedom: towards development, security and human rights for all. “I strongly believe that every nation that proclaims the rule of law at home must respect it abroad and that every nation that insists on it abroad must enforce it at home. Indeed, the Millennium Declaration reaffirmed the commitment of all nations to the rule of law as the all-important framework for advancing human security and prosperity. Yet in many places, Governments and individuals continue to violate the rule of law, often without consequences for them but with deadly consequences for the weak and the vulnerable. In other instances, those who make no pretense of being bound by the rule of law, such as armed groups and terrorists, are able to flout it because our peacemaking institutions and compliance mechanisms are weak. The rule of law as a mere concept is not enough. New laws must be put into place, old ones must be put into practice and our institutions must be better equipped to strengthen the rule of law.”

 

On the World Summit held in September 2005, the Member States unanimously “recognized the need for universal adherence to and implementation of the rule of law at both the national and international levels” and “reaffirmed their commitment to the purposes and principles of the Charter and international law and to an international order based on the rule of law and international law, which is essential for peaceful coexistence and cooperation among States.”

 

In conformity with Paragraph 134 of the 2005 World Summit Outcome Document, the General Assembly adopted Resolution 61/39, entitled the Rule of Law at the National and International Levels in 2006. It required a combination of the rule of law at the two levels. Owing to the significance and urgency of the rule of law, resolutions of the same title have been adopted each year since 2006. The United Nations have integrated human rights and the rule of law into their work, promoting many countries’ rule of law in terms of conflict prevention, poverty alleviation, violent conflicts’ impact elimination and so on. The framework of a world in rule of law is shown.

 

On December 14, 2015, the General Assembly once again adopted The Rule of Law at the National and International Levels, Resolution 70/118. It “reaffirmed the need for universal adherence to and implementation of the rule of law at both the national and international levels”, and “convinced that the advancement of the rule of law at the national and international levels is essential for the realization of sustained economic growth, sustainable development, the eradication of poverty and hunger and the protection of all human rights and fundamental freedoms”. The 2030 Agenda required that the rule of law at the national level be combined with that at the international level when annoucing the goal of promoting the rule of law. Paragraph 8 declared that “we envisage a world of universal respect for human rights and human dignity, the rule of law, justice, equality and non-discrimination”, while paragraph 9 declared that “a world in which democracy, good governance and the rule of law, as well as an enabling environment at the national and international levels, are essential for sustainable development”. Goal 16.3 required to “promote the rule of law at the national and international levels and ensure equal access to justice for all”.

 

The 2030 Agenda contained a list of requirements towards the rule of law at the national level. Some examples are listed as follows.

 

It emphasized the responsibilities of all States in conformity with international instruments relating to human rights, to respect, protect and promote human rights and fundamental freedoms for all. To be more specific, Paragraph 10 pointed out that “the new Agenda is grounded in the Universal Declaration of Human Rights, international human rights treaties, the Millennium Declaration and the 2005 World Summit Outcome. It is informed by other instruments such as the Declaration on the Right to Development.” The 19th paragraph stipulated that “we reaffirm the importance of the Universal Declaration of Human Rights, as well as other international instruments relating to human rights and international law. We emphasize the responsibilities of all States, in conformity with the Charter of the United Nations, to respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.” The 2030 Agenda stressed the significance of international instruments for many times, aiming to reflect “a common standard of achievement for all peoples and all nations”, the concept, expressed in the Universal Declaration of Human Rights. It also aimed to reflect the priority of international instruments relating to human rights rather than domestic laws since many countries would not implement the common standard with the excuse of different domestic laws.  

 

The 2030 Agenda put forward the goal of equal access to justice for all. The 35th paragraph stipulated that we need to “build peaceful, just and inclusive societies that provide equal access to justice and that are based on respect for human rights (including the right to development), on effective rule of law and good governance at all levels and on transparent, effective and accountable institutions.” Therefore, Goal 16.3 required to “promote the rule of law at the national and international levels and ensured equal access to justice for all.” However, even in the countries well-known for their rule of law, the access to justice is not equal to everyone. If countries will neither enforce the rule of law nor create favorable conditions, the goal will never come true.

 

The 2030 Agenda urged enterprises to comply with human rights standards. In conformity with Paragraph 19 of Resolution 70/155 of the UN Congress on the right to development (December 17, 2015), there were increasing cases of human rights violations and abuses by some transnational corporations and other business enterprises against the background that all countries were implementing investment-oriened policies. The 67th paragraph called for a solution that “we will foster a dynamic and well-functioning business sector, while protecting labour rights and environmental and health standards in accordance with relevant international standards and agreements and other ongoing initiatives in this regard, such as the Guiding Principles on Business and Human Rights and the labour standards of the International Labour Organization, the Convention on the Rights of the Child and key multilateral environmental agreements, for parties to those agreements.” The most important social responsibility for enterprises is to treat employees as well as consumers based on human rights standards stipulated in international law and domestic laws.

 

 

As paragraph 49 of The 2030 Agenda said, “seventy years ago, an earlier generation of world leaders came together to create the United Nations. From the ashes of war and division they fashioned this Organization and the values of peace, dialogue and international cooperation which underpin it. The supreme embodiment of those values is the Charter.” Such values reflect the correct path to realize the right to development.

 

 

The start of the preamble to the Charter proclaims that “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind”, which shows the values of peace of the peoples of the United Nations. In accordance with Article 1 of the Charter, the United Nations, with its primary purpose of “maintaining international peace and security”, provides for the establishment of a collective security system to prevent and remove threats to peace, to suppress acts of aggression or other breaches of the peace. The United Nations also stipulate that Member States have obligations to settle international disputes or relevant situations by peaceful means and in conformity with the principles of justice and international law. The United Nations has creatively implemented "peace-keeping operations" and "peace-building operations" in practice.

 

The preamble to the 2030 Agenda states: "We are determined to foster peaceful, just and inclusive society free from fear and violence. There can be no sustainable development without peace and no peace without sustainable development." The complementary relationship between peace and development can be revealed in those words. From the perspective of human rights, peace is a necessary condition for the realization of all human rights for all.

 

The greatest threat to peace in today’s international community remains international and domestic wars or armed conflicts. Adherence to the values of peace requires the prevention and removal of threats to the peace, the suppression of acts of aggression or other breaches of peace in conformity with the Charter. Such serious human rights violations as the indiscriminate killing of civilians, forced displacement, rape, mass detention, expulsion and destruction of civilian property often occur in wars or in armed conflicts. Today's international armed conflicts and foreign occupation have diminished, but there have been civil wars between the Governments and rebel groups or between armed groups. It is inseparable from the collective security system of the United Nations that mankind is to be free from the scourge of war. All countries, powerful and weak, rich and poor, share a common interest in collective security. The United Nations system of collective security requires cooperative action by Member States to prevent the potential threat from becoming a looming threat and the looming threat to become a real threat. If conflict-prevention efforts fail and all non-military means are exhausted, consensus should be reached on when and how to use force under this system. The Charter empowers the Security Council to exercise full authority to deal with aggression, breaches of the peace or threats to the peace.

 

The task to establish lasting peace in war-torn countries is arduous. Some civil wars were ended up with a ceasefire through the settlement of a peace agreement, but a few years later there would be another conflict. So did Angola and Rwanda in the 1990s. A new intergovernmental body, the Peace-building Commission, was established by the United Nations to prevent a resumption of conflicts among countries that had ceased civil wars. As a forum, the Commission could coordinate with donors, troop contributors, those countries in need of assistance, international financial institutions and representatives of relevant regional organizations and leaders to share ideas of peace-building among various stakeholders. Such actions are aimed at solving problems from social origins and helping the fulfillment of lasting peace in countries just escaping from civil wars.17

 

Weapons of mass destruction, such as biological weapons, chemical weapons, nuclear weapons, like the Damocles’ sword hanging on one’s head, at any time may cause disaster to mankind. The prevention of the proliferation of such weapons, particularly nuclear weapons, is a requirement for peace and development of the international community. 189 Member States to the Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the Treat) have reduced the risk of the use of nuclear weapons by restricting their possession and proliferation of nuclear weapons through strict but voluntary measures. The international community is concerned about issues of verification and enforcement arising from North Korea’s withdrawal from the Treaty, and the fact that Israel, India and Pakistan have not yet signed the Treaty up to date. At the same time, civil nuclear technology and nuclear materials should be prevented from being used for the development of nuclear weapons. Instead, the Treaty shall facilitate the supply of civilian nuclear fuel to those countries willing to abandon the development of sensitive and cyclical fuels. On July 14, 2015, the Iranian nuclear issue reached a comprehensive agreement: Iran reiterated that under no circumstances will it seek, develop and acquire any nuclear weapons; and the United States and the European Union committed to the lift of economic and financial sanctions on Iran after the International Atomic Energy Agency verified the peaceful nature of Iran's nuclear program. This is a significant progress in preventing nuclear proliferation. In addition, in accordance with United Nations Security Council Resolution NO.1540, non-state actors should also be prevented from holding dangerous weapons, technology or materials.

 

Paragraph 11 of the preamble of the Declaration “reaffirms that there is a close relationship between disarmament and development and that progress in the field of disarmament would considerably promote progress in the field of development and that resources released through disarmament measures should be devoted to the economic and social development and well-being of all peoples and, in particular, those of the developing countries”. Article 7 of the Declaration states that “all States should promote the establishment, maintenance and strengthening of international peace and security and, to that end, should do their utmost to achieve general and complete disarmament under effective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development, in particular that of the developing countries.”      

 

In order to prevent terrorist crimes, 13 antiterrorist treaties, under the auspices of the United Nations, have been concluded. However, there has been no treaty stipulating that all forms of terrorism are illegal. What is more, Member States debate endlessly about the issue of "State terrorism" and "the right to resist the occupation". Now it is the time to put these disputes aside. Both the use of force by the State and the condemnation of the occupation must be interpreted in their real connotations. Restricted by international law, there shall be no Crimes of Genocide, War Crimes and Crimes against Humanity. Ideological, religious, political, racial or any other factor cannot justify the commission of terrorist acts.

 

 

The Charter does not contain the word "dialogue", but it embraces the values of dialogue. Dialogue is an indispensable coordination mode for the United Nations in the process of achieving the purposes of "being a centre for harmonizing the actions of nations". The principal organs of the United Nations, in carrying out their responsibilities, all need to take the form of discussion or dialogue. Dialogue is a form of democratic consultation in international relations.

 

During the Cold War, the United Nations Commission on Human Rights became a venue for political confrontation between the East and the West, making it difficult to engage in a constructive dialogue among Member States. After the Cold War, some countries still adhered to the Cold War mentality, using human rights issues to serve their domestic political needs. Some countries, under their country-specific names, humiliate and attack the countries they do not like, creating public opinion or justification for their aggression and interference in those countries. While they tacitly consent to their favorite countries’ large-scale human rights violations, voting against or rejecting resolutions condemning such acts.

 

Since 1999, the United Nations General Assembly and other United Nations agencies have repeatedly deliberated and adopted resolutions promoting the dialogue on human rights. On August 18, 2000, the Sub-Commission on the Promotion and Protection of Human Rights of the United Nations Commission on Human Rights passed a special resolution on human rights dialogue. The resolution recommends the constructive dialogue among civilizations on the basis of equality and mutual respect, seeking common understanding and reasonable accommodation for different points of view. Paragraph 10 of the Resolution on Human Rights and Cultural Diversity adopted by the General Assembly of the United Nations on 17 December 2015 “emphasizes that dialogue among religions, cultures and civilizations on the basis of equal dignity should be enhanced, through supporting efforts made at the international level towards reducing confrontation, suppressing xenophobia and promoting respect for diversity”; and “states should oppose all attempts at uniculturalism or the imposition of particular models of social or cultural systems and promote dialogue among civilizations”. Since the former United Nations Commission on Human Rights was replaced by the Human Rights Council in 2006, human rights dialogue has been strengthened.

 

Human rights institutions, established by the Charter, such as the Human Rights Council and others like the Economic, Social and Cultural Rights Commission, based on core human rights treaties, all can promote human rights dialogue among States. In addition to the above-mentioned multilateral human rights dialogue in accordance with the relevant mechanisms of international organizations, direct multilateral or bilateral human rights dialogue among States is also indispensable. Sino-EU and Sino-US human rights dialogues have achieved some success.

 

The current issue is that some Western countries still cannot overcome their arrogance and prejudice on human rights issues. They always want to impose their opinions or conclusions on others, unwilling to engage in constructive dialogue on the basis of equality and mutual respect. "We regularly receive reports from a number of human rights international organizations, the press and non-governmental organizations from western countries. The reports are on the human rights situation in our country," said the former Egyptian Ambassador for Human Rights and the former Secretary-General of the National Human Rights Commission. “Instead of working hand in hand with us, these reports are to destroy what we have done on human rights protection by drawing political conclusions from biased samples and sector data. And such conclusions always served a particular political purpose. In political science, we called it a false inductive or deductive conclusion resulting from false premises or conjecture.”18

 

The 2030 Agenda itself is the product of dialogue. The goal of sustainable development, as enshrined in the 2030 Agenda, is the most consultative and inclusive outcome in the history of the United Nations. The follow-up questions such as the implementation of the 2030 Agenda also require dialogue. Paragraph 46 of the 2030 Agenda “express our support for the ongoing dialogue in the Economic and Social Council on the longer-term positioning of the United Nations development system in the context of this Agenda”. Paragraph 77 of the 2030 Agenda provides that “National reports will allow assessments of progress and identify challenges at the regional and global level”.

 

 

Paragraph 1 of the preamble of the Declaration has invoked the provisions concerning purposes and principles of human rights of UN completely from Paragraph 3 of Article 1 of the Charter, that is, The General Assembly of the United Nations shall remember to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. It shall boost and encourage the respect for human rights and fundamental freedom.

 

 

In the speech during the United nations development Summit in 2015, President Xi Jinping put forward the proposal of "optimizing the development partnership". He pointed out that the developed countries should honor their commitments and fulfill their obligations in a timely manner. The international community should adhere to the status of the main channel of North- South cooperation and deepen cooperation of South-South three parties worldwide, meanwhile support the private sectors and other stakeholders to play a greater role in the partnership. According to Target 179 in the 2030 Agenda, the international communities shall strengthen aid in developing countries by carrying out targeted and effective capacity-building activities so as to support those plans for the implementation of sustainable cooperation worldwide, including cooperation for North-South, South-South and three parties worldwide.

 

The focus of the global partnership is the partnership between North and South, which refers to the partnership between developed countries and developing countries. In a high level seminar held by UN Human Rights Council in March, 2016, of which the theme is “sustainable development and human rights agenda in 2030”.  The BRICs reaffirmed their commitment to the establishment of a comprehensive partnership for development. It’s required to give full play to the role of main channel for the North-South cooperation, to adhere to the principle of common while differentiated responsibilities. Those developed countries should fulfill their official development aid commitments and promote technical assistance and capacity construction to help the sustainable development for developing countries. It’s needed that UN should be given full play to mobilize the development of resources and to promote the international development cooperation.19

 

As for the international development cooperation, South-South cooperation is a necessary complement to North-South cooperation. Though as a developing country China is,it provides certain development assistance to other developing countries while facing various difficulties of its own. President Xi Jinping announced that China will adopt a “South-South Cooperation Assistance” and continue to increase its investment in the least developed countries for the advancement of South-South cooperation.20

 

“Three parties cooperation” is a new form of cooperation, combing South-North with South-South. For example, the cooperation between China, France and other African countries. One of the advantages of this type of cooperation lies in combing medium level manufacturing capacity of China with the advanced technologies and concepts of France, aiming at providing high quality products and services for African countries to achieve a win-win situation.

 

 

The right to development, as a human right, will be inevitably ensured to offer fair development for people and individuals. In a speech at the UN Development Summit in 2015, President Xi Jinping pointed out: “We China want to strive for a fair development for more equal opportunities. All countries should be participants, contributors and then beneficiaries of global development. It can’t be accepted that a single country develops while others not, a certain amount of countries developed while others not. Under the same target, each country shall assume common while differentiated responsibilities. It’s required to do better in the management of global economy and improve representation and voices for developing countries, each country shall be entitled to the same right of making rules equally. ”

 

To achieve equal development, one must adhere to the principle of common while differentiated responsibilities. If there’s no common responsibility, the development and the right to development will fail; if there’s no differentiated responsibilities, there will be authorized unfairness and inequality for good. As required by Goal10 in the 2030 Agenda, inequality shall be eliminated internationally and nationally for the realization of fair development.

 

Colonial rule or other historical unfairness is an important reason for the inefficiency or marginalization of developing countries. "Despite the continuous efforts of the international community, the gap between developed and developing countries is still too big to accept, most developing countries continue to facing difficulties in participating in the globalization process, in which many countries may be marginalized and actually do not enjoy the benefits of globalization.".21 This is a severe challenge for developing countries realizing the right to development. In order to achieve lasting progress in the implementation of the right to development, national effective development policies and international fair economic relations and favorable economic environment are needed. For example, developing countries need official assistance from developed countries. According to Paragraph 43 of the 2030 Agenda: International public financing, including development assistance,  is used to promote the collection for more resources from other public and private sources.

 

Those parties, providing official development assistance, reiterated its respective commitments，which includes many commitments made by developed countries. Those commitments are to achieve the completion of using 7% of its GDP as the official assistance for developing countries, and 15% to 20% of its GDP as the official assistance for the least developed countries. For years, the official development assistance has been inadequate and unstable, and developed countries have not kept the promises and there is a downward trend in general.22

 

 

Although the Declaration stipulates that the right to development is human rights for all people and individuals, however, in the past it was treated as the requirement for people and individuals, instead of a right. The target set in the UN Millennium Development Goals is to eliminate poverty, for developing countries, but not for developed countries, which had deepened the wrong understanding for one view that the right to development has nothing to do with developed countries. The 2030 Agenda, in which the sustainable development goal is to build up a general framework that suits for all countries, is the development agenda for all countries and people worldwide. No country could escape from the common or particular challenges in this process. Developed countries encountered bottlenecks in the development of the economic or financial crisis, the decline in national income, the widening gap between the rich and the poor, so did the people and the right to development of individuals.

 

On December 17, 2015, "right to development" resolution passed and titled by the United Nations General Assembly pointed out: "in the implementation of the 2030 Agenda for sustainable development , the right to development should be in the center"..“It is critical to make the right to development as one of the mainstreams nationally and internationally.”

 

At the international level, the resolution pointed out that it is needed to bring the right to development into the mainstream in the United Nations, the specialized agencies, funds, programs of the policy, business activities as well as in the international financial system and multilateral trade policies and strategies. We shall bear those core principles in international economy, commerce and finance, such as fairness, non-discrimination, transparency, accountability and participation in international cooperation, including the effective development partnership, which is an effective condition for the realization of the right to development and disposal of the concerning issues in developing countries, preventing it from political or other non-economic considerations or any other imposed discriminatory treatment. The right to development is necessary for deepening international cooperation at international level, and also the guarantee of the success of the international development cooperation.

 

The UN High Commissioner for Human Rights for human rights pointed out: "the classification of the new development agenda targets, specific targets and indicators must make the development framework clear and suit for human rights including the right to development. In the 2030 Agenda, there must be a strong and powerful accountability mechanism to ensure relevant institutions  affording their own responsibilities, and mandatory measures shall be taken for their obligations fulfilled in their failure.23 The practical assurance for the mainstream of the right to development is to ensure the implementation of the 2030 Agenda under the support of the necessary resources and political commitment.

 

All the countries at the national level around the world, especially the developing countries, shall endeavor to explore development policies and ways based on its own national conditions and make the right to development entitle a mainstream position in national advancement.

 

According to the definition in the Realization of the Right to Development: Subject, Standard, Sub-Standard and Indicators drafted by the Human Rights Council No.12/23 Resolution in 2010 on approving the right to development” ,the right to development is a type of right, entitled by all people and individuals, focusing on the respect for all human rights to guarantee justice, fairness and participation, which shall be seen as to improve its well-being under the condition of national and global support. If one country, individually or collectively, could create a supportive environment that meets the requirements of the Charter nationally or globally, then the mainstream for the right to development will be realized.

 

The Charter is the general regulation for global governance since the end of World War II. The act of following the basic idea, purpose, principles and values of it can guarantee a correct direction for solving problems concerning development and the right to development, a legislative and reliable path guarded by law. The 2030 Agenda, taking fundamental concept, purpose, principle and value from the Charter, is the grand plan of the international community for sustainable development by 2030 and a delicate blueprint for all people and individuals to achieve the goal of the right to development. By following the Charter and implementing The 2030 Agenda, the right to development from the Declaration could gradually transform from the natural or legal right to rights in reality that everyone can get access to.

 

* ZHAO Jianwen (赵建文), Researcher in the Institute of International Law in Chinese Academy of Social Sciences.

 

1. Xu Guangjian ed., Annotations to the Charter of the United Nations, Shanxi People’s Publishing House, 1999, at 8.

 

2. “United News Release in 1+6 Round Table Dialogue” (Beijing, July 22nd, 2016), People’s Daily, July 23, 2016.

 

3. The President Xi Jingping’s Congratulatory Letter to “Beijing Human Rights Forum in 2015”, People’s Daily, September 17, 2015.

 

4. Kofi Annan, “In Larger Freedom: towards Development, Security and Human Rights for All, A Report about Reform of the United Nations” March 21, 2005, Paragraph 127.

 

5. Speech of UN High Commissioner for Human Rights on the 15th Opening Ceremony of the Working Group Meeting, “ The Right to Development”, December 5, 2014.

 

6. Wang Ruolei, “Based on the Human Rights Development: A New Development Model”, Human Rights, No.3 (2015).

 

7. Li Shuying, “Amartya Sen’s View of Development for the Human Rights Construction in China”, Human Rights, No. 4 (2015).

 

8. See supra note7.

 

9. Amartya Sen, “Development as Freedom”, translated by Ren Ze & Yu Zhen, China Renmin University Press, 2012, at 30.

 

10. “Transforming Our World: Human Rights in the 2030 Agenda for Sustainable Development”.

 

11. UN Statement, June 1998 signed by the heads of all UN agencies.

 

12. See He Nong, “BRICS Joint Statement United Nations Human Rights Council”, Guangming Daily, March 3, 2016.

 

13. Xi Jinping, “Address at the Commemoration of The 70th Anniversary of The Victory of the Chinese People’s War of Resistance Against Japanese Aggression and The World Anti-Fascist War”, People’s Daily, September 4, 2015.

 

14. He Wang Yi, “ Jointly Pursue Peace and Development and Uphold Rule of Law and Justice”--Statement at the General Debate of the 69th Session of the United Nations General Assembly, September 27, 2014.

 

15. Mohammed Kareem, “Human Rights is Not A Choice but An Essential Requirement”, People’s Daily, September 19, 2015.

 

16. Gong Xiangqian, “New Exploration of the Principle of Permanent Sovereignty of Natural Resources”, Journal of China University of Geosciences (Social Sciences), No. 2 (2014).

 

17. Gao Xinman, “United Nations Peace-building Operations and Human Rights Protection”, Human Rights, No. 1 ( 2014).

 

18. Supra note 17.

 

19. Supra note 18.

 

20． Xi Jinping, “To Seek Common and Sustainable and to Be A Cooperative and Win-win Partner”, Speech at the UN Development Summit, People’s Daily, September 27, 2015.

 

21． Illustrated from United Nations General Assembly 70/155 resolution on the right to development (December 17, 2015), Para. 24.

 

22． Wang Hongbo, "A speech to the United Nations on Public Participation in the North South Cooperation, South South Cooperation, Three Party Cooperation, Information and Communication Technology to Develop the Implementation of the Development Agenda after 2015 Contribution at the High Level Meeting "May 21, 2014.

 

23． See supra note 5.