THE LEGITIMACY OF INTERNATIONAL DEVELOPMENT AID IN SHAPING POLICIES AND ENFORCING THEIR IMPLEMENTATION FOR NATIONAL AND REGIONAL STABILITY

Abstract

Many marginalized countries don’t have the resources to implement policies supporting national development, which often discourage them from adopting new policies to avoid the pressure of implementation even with international organizations’ interventions; with many decision makers driven to shape these policies towards personal benefit. This LL.M. Thesis investigates the legitimacy of international development aid under the right to development resolution introduced by the United Nations General assembly in 1986 in shaping policies and enforcing their implementation for national and regional stability: by identifying different ways to provide foreign development aid; the eligibility criteria of the recipient; the role of private and public international law in the enforcement of commitments; the sustainability of the development impact; and deficiencies in local policies and procedures for a successful handover. The LL.M. Thesis points to the difficulties to exercise influence and enforcement on national policy and procedures due to the sovereignty of states stipulated by international law and the weakness of the legal personality of non-state actors under international law. However, proposes the introduction of binding commitments from the government in the design stage of international agreements between a non-state actor and the state under the private international law in order for the state to take ownership of the activities and the sustainability of its impact.

Date of Award	2025
Original language	American English
Awarding Institution	HBKU College of Law