I’ve been wanting to publish a kind of short version of my dissertation. The idea is to highlight the concept of development hazard. It hasn’t been easy, unfortunately.
My article on “Challenges Facing the Use of Human Rights to Address Negative Impacts in Development” published in The Law and Development Journal. Vol. 4(1), 2011: 247-268, is one of these attempts. This article brings into focus the complexities between state-market relationship as one of the challenges.
The importance of human rights in development is gaining prominence. In concrete settings and contexts, however, contesting development practices with human rights normative standards is controversial. The article outlines this controversy and complexity in Indonesia. It highlights tensions in human rights regulatory frameworks and development policies pertaining to housing and promotions of healthy environments. The main challenge faced by human rights to address development in Indonesia is to understand the complexity of state and market relationship, in designing the process and mitigating the negative impacts of development. Such a complexity is argued to shape the enforcement and susceptibility of international and national human rights laws.