Chapter 2 | Page 60
Despite the binding provisions in international human rights instruments, there
is considerable disagreement on the nature of the extraterritorial obligation,
particularly the obligation to provide international assistance and cooperation.66 Therefore, while significant doctrinal and institutional advances
have been made,67 the concept of extraterritorial human rights obligations in
relation to ESC rights requires further conceptual clarity and frameworks for
broader application, particularly in the context of ‘the globalised world beset by
stark inequalities and a race for new markets, lands and resources’.68 The
relevance of international assistance and co-operation in the implementation
of ESC rights policies and approaches to maximising resources through
international assistance and co-operation are discussed in more detail in
Chapters 3 and 5, respectively.
‘To the maximum of its available resources’
The travaux préparatoires of the ICESCR indicate that resources were not
understood by the drafters in their restricted meaning but included economic
aid and ‘optimization efforts and other “technical” approaches to maximizing
the use of available resources.’69 For example, when the Third Committee of
the General Assembly was considering whether to have a single draft of the
human rights covenant or a separate covenant on economic, social and
cultural rights, it alluded to the resource dynamics of the realisation of ESC
rights. The French proposal to include specific reference to ‘maximum
66
'Maastricht Principles on the Extraterritorial Obligations of States in the Area of Economic,
Social and Cultural Rights', (2011), <http://www.maastrichtuniversity.nl/web/Institutes
/MaastrichtCentreForHumanRights/MaastrichtETOPrinciples.htm>; Olivier De Schutter et
al, 'Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the
Area of Economic, Social and Cultural Rights' (2012) 34 Human Rights Quarterly 10841169, 1094.
67
See for example, Margot E Salomon and Ian Seiderman, 'Human Rights Norms for a
Globalized World: The Maastricht Principles on Extraterritorial Obligations of States in the
area of Economic, Social and Cultural Rights' (2012) 3(4) Global Policy 458-462, 459.
68
Malcolm Langford et al, 'Introduction: An Emerging Field' in Malcolm Langford et al (eds),
Global Justice, State Duties: The Extraterritorial Scope of Economic, Social, and Cultural
Rights in International Law (Cambridge University Press, Cambridge, 2012), 31.
69
Brian Griffey, 'The‘Reasonableness’ Test: Assessing Violations of State Obligations under
the Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights' (2011) 11(2) Human Rights Law Review 275-327, 283.
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