VOLUME 11
forced to fulfil contracts if that leads to inhumane distress, endangers
one's life or health, or violates human dignity., 71 All in all, states must
guarantee at the least the reasonable minimum core of economic and
social rights.
V. EXTRATERRITORIAL OBLIGATIONS OF INTERNATIONAL ASSISTANCE
AND COOPERATION OF DEVELOPED STATES
A. Legal Nature and Scope of Obligations of International
Assistance and Cooperation of Developed States
Territorial states have an obligation to ensure the protection of one's
enjoyment of human rights via the tripartite obligations to respect,
protect and fulfil human rights. This section advances the argument that
the home states have the obligation to respect, protect and fulfil human
rights not only inside but also outside its national context. The previous
section illustrated that territorial states have an obligation to uphold at
least the reasonable minimum core of economic and social rights.
However, the question that arises is whether developed (European) states
have extraterritorial obligations to uphold the reasonable minimum core
in Eastern and Southern European states? It has been much debated
whether obligations of international assistance and cooperation are legal
72
or not. Alston and Quinn do not find the obligation "legally binding.,
However, they add in the same paragraph that "in the context of a given
right it may, according to the circumstances, be possible to identify
obligations to cooperate internationally that would appear to be
mandatory on the
basis of the undertaking contained in Article 2(1) of
73
Covenant.
the
If obligations of international assistance and cooperation are legally
binding, are they equal for all states? Most commentators argue that they
are not. Sepuvelda argues that the obligations are "different., 74 Another
question would be: which developed or industrialized states would be
duty-bearers of such obligations? Vandenhole and Benedek argue, "the
primafacieduty-bearers under the extraterritorial obligation to fulfill can
be understood to be primarily those belonging to the donor
community. '75 This includes "at least all member States of the
Organization for Economic Cooperation and Development (OECD). ' 76
71
Kunibert Raffer, Solving Sovereign Debt Overhang by Internationalizing Chapter 9
Procedures,University of Klagenfurt (2002)
http://www.jahrbuch2002.studien-vonzeitfragen.net/Weltfinanz/RAFFER1/raffer-l2.HTM
(last visited March 20, 2013).
72Philip Alston & Gerard Quinn, The Nature and Scope of States Parties' Obligations under
the InternationalCovenanton Economic, Social and CulturalRights, 9 HuM. RTS. Q., 191 (1987).
73ld.
74Sepulveda, supranote 28, at 370.
75GLOBAL JUSTICE, STATE DUTIES. THE EXTRA-TERRITORIAL SCOPE OF ECONOMIC, SOCIAL AND
CULTURAL RIGHTS IN INTERNATIONAL LAW, 345, (Malcolm Langford etal. eds.,Cambridge Univ.
Press,7 2013).
6
id.