Document Type : Article-Based Dissertations
Authors
1 PhD Student of International Law, Islamic Azad University of Central Tehran Branch, Faculty of Law, Tehran, Iran.
2 Associate Professor of Emam Sadegh University, Tehran, Iran
3 Assistant Professor of Kharazmi University, Tehran, Iran
Abstract
Non-realization of socio-economic rights and the severe poverty affecting the human society at global, regional, national and local levels stem from the lack of optimal economic decision-making. Accordingly, this issue has been raised in the United Nation's Chart implying that the achievement of economic and social development needs international community measures. In this regard, the economic model known as Medium Term Expenditure Framework has been proposed by the World Bank, as one of the international organizations active in the field of economic policy, which, based on its own goals and the UN Charter's objectives, pursues economic, social and financial rights and development of countries through financial management reform of the public sector considering that based on international human rights instruments economic and social rights are included in "positive", "cost-effective", "opportunity-dependent", "gradual" and "programmatic" commitments. Since the way it is realized requires "planning" and "allocation of financial resources", the implementation of this right is made operational through the "government's financial program" mechanisms.
This model has been implemented with the support of the World Bank in more than 130 countries around the world. The purpose of the present study is, first, to determine which international law sources this economic model corresponds with, and, second, to explain the results from the implementation of this model in developed and developing countries and the realization of economic and social rights in form of a descriptive analysis method using library resources.
The results of the study indicate that legally considered, the World Bank's economic model (Medium Term Expenditure Framework) can be evaluated as an embodiment of "Soft Law" within the framework of the UN Declaration on Right to Development. However, governments are obliged to respect it based on the normative order of human rights as poverty is contrary to human rights and it violates human dignity. To realize this, several preconditions should be met, which include adopting sound and transparent economic policies, appropriate public investment and comprehensive development, especially in matters related to education, health, infrastructure, agricultural development, creation of more opportunities for decent work, proper management of administrative affairs, etc., all of which are dependent on governments to properly manage public resources.
Medium Term Expenditure Framework has also been focused by countries as a tool to improve financial performance. In the meantime, this economic model creates a communicative framework between the two components of policy and planning with the "government financial plan", while most of the models presented in relation to the government's financial plan do not have this communication system. Therefore, the implementation of this model by countries results in the systematization of political power in directing public resources, on the one hand, and achieving good governance, on the other hand, in line with ultimate international law, thereby providing for the excellent objectives of human rights documents with respect to economic and social rights.
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