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that only the state has such obligations. 8 Shue notes in this regard that
"for every basic right - and many other rights as well - there are three
types of duties, all of which must be performed if the basic right is to be
fully honoured but not all of which must necessarily be performed by the
same individuals or institutions." 82 This includes state obligations to
observe the reasonable minimum core of economic and social rights.
State tripartite obligations to respect, protect, and fulfil also apply to
questions of economic and social rights.8 3 As states are often reluctant to
recognize and protect the reasonable minimum core of economic and
social rights extraterritorially, it is necessary to map out the nature and
scope of state obligations. Do more developed, mostly Northern
European states, have normative extraterritorial obligations to assist less
developed, mostly Eastern and Southern European states in protecting
economic and social rights? If so, what is the nature and scope of such
obligations? In this way, the Maastricht Principles on Extraterritorial
Obligations of States in the area of Economic, Social and Cultural Rights
provide in principle 9 that:
[A] State has obligations to respect, protect and fulfil
economic, social and cultural rights in any of the
following: a) situations over which it exercises authority
or effective control, whether or not such control is
exercised in accordance with international law; b)
situations over which State acts or omissions bring about
foreseeable effects on the enjoyment of economic, social
and cultural rights, whether within or outside its
territory; c) situations in which the State, acting
separately or jointly, whether through its executive,
legislative or judicial branches, is in a position to
exercise decisive influence or to take measures to realize
economic, social and cultural rights extraterritorially, in
accordance with international law.
However, the Maastricht principles do not specify what is the nature
and scope of those obligations. Nonetheless, it appears that obligations of
territorial states to ensure economic and social rights could be shared
with that of developed or industrialized states, which could be dutybearers of obligations of, "international assistance and co-operation" as it
81See
A. Rosas & M. Scheinin, Categories and beneficiaries of human rights, AN
INTRODUCTION TO THE INTERNATIONAL PROTECTION OF HUMAN RIGHTS: A TEXTBOOK 57-58 (R.
Hanski and M. Suksi, eds., Turku, Abo, Abo Akademi University, 2nd ed. 1999).
82HENRY SHUE, BASIC RIGHTS: SUBSISTENCE, AFFLUENCE, AND U.S. FOREIGN POLICY, 76,
(Princeton University Press, 1980); see also Ashbjom Eide, Realization of Social and Economic
Rights and the Minimum Threshold Approach, 10 HUM. RTS. L. J.,
35, 37 (1989) (arguing that the
tripartite typology of duties bestows on states a negative obligation to abstain from acts contrary to
human rights principles and a positive obligation as a "protector and provider" of rights).
" U.N. S.C. Rep. of the Comm'n on the promotion and protection of Human Rights, The Right
to Adequate Food and to Be Freefrom Hunger - Updated Study on the Right to Food, Economic &
Social Counsel, U.N. Doc. E/CN.4/Sub.2/1999/12 (June 28, 1999).