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consideration to its capacity to do so in light of its available resources,”49
which, along with the sentiments of some states during the drafting of the
ICESCR, represents little more than a moral vision. While it may be possible, eventually, to specify the content of an international obligation,50
grappling with the slipperiness of global social justice is too complex a
task to be attempted presently.51 For this reason, it is assumed here that a
duty-bearer’s maximum available resources are those that are owned and
controlled domestically.
Without domestic financial resources, there will be little significant
advancement in desirable social outcomes.52 However, the fact that better
social outcomes may not be possible without financial resources does not
necessarily mean that they are guaranteed if and when more financial resources become available. There are many instances where countries with
similar (low) levels of financial resources have, at the same time, significantly
different situations of education, hunger, health, and housing. For example,
while Switzerland has both a higher income and higher average life expectancy compared with Swaziland, Nicaragua’s income almost equals that of
Swaziland, yet Nicaraguans can expect to live more than twenty-five years
longer.53 There must be more to maximum available resources than the level
of financial resources alone.
B. The Rest of Maximum Available Resources Explained
An explanation of the level of social welfare-type goods each duty-bearer
should be able to provide requires more than a consideration of only the
financial resources available to it. The degree of explanation can be, and
needs to be, increased by introducing more variables to the equation. One
important variable is clearly the number, mix, quality, and distribution of
human resources, or so-called human capital. Without a sufficient number
of adequately funded and trained teachers, health professionals, and engineers, it is unlikely that countries would be able to meet internationally
49. Id. at 342.
50. The Health Impact Fund, pioneered by Thomas Pogge, could be one such way to operationalize an international obligation with respect to health. Pogge, Human Rights
and Global Health, supra note 47.
51. See, e.g., Peter Singer, Famine, Affluence, and Morality, 1 Phil. Pub. Aff. (1972); Thomas
Pogge, Realizing Rawls Part III (1989); Darrell Moellendorf, Cosmopolitan Justice (2002);
Pogge World Poverty and Human Rights, supra note 47; and for an analysis and critique
of Pogge’s approach, see Carol C. Gould, Coercion, Care, and Corporations: Omissions
and Commissions in Thomas Pogge’s Political Philosophy, 3 J. Global Ethics (2007).
52. See World Health Organization, Improving Health Outcomes of the Poor, supra note 35.
53. United Nations Development Programme, Human Development Index, Life Expectancy at Birth
(Years) (2014).