Chapter 2 | Page 59 It is identified that this obligation is particularly ‘incumbent upon those States which are in a position to assist others’.60 This element of the Covenant is often referred to by the Committee as extraterritorial or international ‘responsibility’ or ‘commitment’, which suggests that the character of this obligation is still under development.61 Skogly and Gibney use the term ‘extraterritorial’ effect and application in international law to refer to ‘acts that are taken by one actor (State) that have some kind of effect within another country’s territory with or without this second country’s implicit or explicit agreement.’62 To this effect, they argue that: If human rights protection was something that individual states could (and would) do individually, there would be no need for any international conventions. Stripped to their barest essentials, what each one of these treaties represents is nothing less than this: that everyone has an ethical as well as a legal obligation to protect the human rights of all other people. In that way, extraterritorial obligations are not something that is peripheral to human rights. Rather, extraterritorial obligations are an essential component of human rights.63 The former Special Rapporteur on the rights to food, Jean Ziegler identifies extraterritorial obligation as one of the ‘emerging issues’ in relation to his mandated area.64 According to Ziegler, the extraterritorial obligations flowing from ICESCR challenges the ‘traditional territorial boundaries of human rights’, thus to comply with their obligations, particularly with regard to the right to food, States must respect, protect and support the fulfilment of the right to food of people living outside their state boundaries.65 60 Ibid., [14]. 61 Michał Gondek, The Reach of Human Rights in a Globalising World: Extraterritorial Application of Human Rights Treaties (Intersentia, Antwerp, 2009), 364. 62 Sigrun Skogly and Mark Gibney, 'Economic Rights and Extraterritorial Obligations' in Shareen Hertel and Lanse Minkler (eds), Economic Rights: Conceptual, Measurement, and Policy Issues (Cambridge University Press, Cambridge, 2007), 267. 63 Ibid., 274. 64 Commission on Human Rights, The right to food: Report of the Special Rapporteur on the right to food, Jean Ziegler, 61st sess, UN Doc E/CN.4/2005/47 (24 January 2005). 65 Ibid.

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