%A LIAO Yi %T REALIZING THE RIGHT TO DEVELOPMENT THROUGH JUDICIAL REFORM: THE STRATEGIC CONNECTION AND PRACTICAL INTEGRATION %0 Journal Article %D 2015 %J Front. Law China %J Frontiers of Law in China %@ 1673-3428 %R 10.3868/s050-004-015-0033-9 %P 593-621 %V 10 %N 4 %U {https://journal.hep.com.cn/flc/EN/10.3868/s050-004-015-0033-9 %8 2015-12-15 %X

The birth of the right to development (RTD) shifted the paradigm of international discourse from need, charity, and aid towards human rights, shared responsibilities, and cooperation. The implementation of RTD requires effective development policies at the national level, and equitable economic relations and a favorable economic environment at the international level. From the new theory perspective, RTD is a type of integrated human rights, charazterized by integration feature and process-oriented approach, by the method of dialogue, in order to achieve the idea of equilibrium. It would be ideal to overcome the dilemma of implementing RTD based on overall strategic framework and improve the legal and judicial reform in the context of globalization. However, for the developing countries that have been struggling to change the unequal international political and economic order, it is the core driving force of realizing RTD in the process of deepening dialogue and negotiations, which is reflected in the process of legal and judicial reform. Therefore, it is necessary for us to change the strategy from legislative base to judicial focus, from one-way path to plural view, exploring the possibility of new model to realize the RTD in the context of comprehensive judicial reform.