PART I
Unpacking ‘Maximum Available Resources’
Chapter 2
Economic, Social and Cultural Rights and the Obligation
to Take Steps to the ‘Maximum of Available Resources’
Chapter 3
Resources at the Disposition of the State: Towards a
Comprehensive Model of ‘Maximum Available
Resources’ for ESC Rights
This Part provides an overview of the academic perspectives relevant to
international legal obligations derived from the ICESCR and proposes a crossdisciplinary model for ‘maximum available resources’.
Chapter 2 presents background information on the nature of obligations
derived from the ICESCR, locates the resources requirements and establishes
the basis for subsequent discussions. Chapter 3 provides a critical review of
the concept of ‘maximum available resources’ based on extant human rights
literature, the drafting history of the Covenant and analysis of other materials
such as the Concluding Observations and State reports. A cross-disciplinary
framework for ‘maximum available resources’ in the context of ESC rights is
then developed.
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